TMI Blog1980 (1) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 1 bigha and 4 biswas belonged to one Uggra Sen; the rest belonged to appellant Deep Chand. The total area belonging to the said appellant (hereinafter in this judgment he alone will be referred to as the appellant) was 67, 872 sq. yards. Out of this, land measuring 61, 012 sq. yards was in possession of the tenants and the balance 6, 860 sq. yards was in khas possession of the appellant. The appellant in the year 1942 pursuant to an agreement of sale executed by his vender had purchased the land @ 2 annas per sq. yard. But there was a lot of litigation between the parties as a subsequent purchaser came into the scene and ultimately the appellant succeeded in this Court in getting the land after a lot of expenses. The Collector's awar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of the District Judge. Although the appellant had claimed in the reference the value of the land @ ₹ 6/- per sq.yard. in appeal the total extra claim was limited to ₹ 1,25,000/- over and above the sum of ₹ 19.403/- determined by the District Judge as the sum payable to the appellant. In other words, roughly speaking, in the High Court the appellant confined his claim as regards the value of the land to ₹ 2/12/- per sq. yard claiming the full amount for his Kbudkasht land and 10 annas in a rupee in respect of the tenants' land. On that basis adding 15% the total claim came to ₹ 1,44,403/-thus the value of the appeal was confined to ₹ 1,25,000/ only. 3. The High Court has dismissed the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the conclusion that due to the acute housing problem in this thickly populated town which is not only a big commercial and business center of the western districts of U.P. but has also attracted substantially a large number of refugees there is a great dearth of houses and the acquisition of the land in question is essential as it is just in the heart of ever growing locality of this town.... 5. As noticed by the High Court the land had certain disadvantages also. The level of the land was lower than the level of the Bhopa Road: during rainy season water collected on it. There were some pits here and there, which needed filling up. Nonetheless the value fixed by the Courts below, in our judgment is too and unjust. If these defects w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is in respect of a small piece of land to the South of the Bhopa Road but very near the land in question. This sale deed shows the sale price of the land at ₹ 10/- per sq. yard. We leaving this sale deed out of consideration ,as the area covered by it very small being only 424 sq. yards. But the High Court was not right in completely brushing aside the sale deed dated 11.3.1948. Ext. 9 by which about 5 bighas of land in plot no 220 was sold approximately @ ₹ 7/- per sq. yard. This sale deed has been rejected on the ground that plot No. 220 is near the Railway crossing, it contained a mango grove and that It was a small plot compared to the land in question. We are not impressed by any of these reasons. Since the plot is to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It does not stand to reason, therefore, that he would accept 5 annas per sq. yard for the College land thinking that was the proper market value of the land in or about the year 1955. 8. For the reasons stated above we fix the market value of the land in question prevailing at the relevant time at ₹ 2/6/- per sq. yard that is to say the appellant is entitled over and above the amount fixed by the District Judge an extra rate of ₹ 2/- per sq. yard. In respect of his land. The value of his Khuskasht land measuring 6,860 sq. yards will be ₹ 13, 720/-. The value of 61,012 sq. yards, the tenants land, will be ₹ 1,22,024/-. Calculating it at the rate of 10 annas in a rupee the value of the appellant's share will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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