JUDGEMENT
VINEY MITTAL,J -
(1.)THE Company M/s Raj Kamal Prakashan Private Ltd. is in appeal against the award dated February 4, 1980 passed by the learned Additional District Sessions Judge, Gurgaon deciding a reference petition under Section 30 of the Land Acquisition Act, 1890 (hereinafter referred to as the Act).
(2.)VIDE a notification dated March 24, 1971, published on March 30, 1971 issued under Section 4 of the Act, the land comprised in khasra Nos. 2077/192/2, 194/2, 197/1 and 197/2 was notified for acquisition.
During the assessment of compensation proceedings, Ramadhar-respondent No. 1, who at that point of time was Director of the Company M/s Raj Kamal Prakashan Private Ltd. (hereinafter referred to as the appellant-Company) claimed that he was a perpetual lessee of the land and as such claimed absolute ownership of the said land. However, the appellant-Company claimed that it had purchased the acquired land through three sale deeds dated January 21, 1967 (Exhibit A1 to Exhibit P-4). The aforesaid sale deeds were executed on behalf of the Company by Ramadhar, the then Director. On the basis of the aforesaid sale deeds, the Company claimed that it was entitled to the entire compensation. In view of the aforesaid claim made by the appellant-Company and Ramadhar, the matter was referred for adjudication under Section 30 of the Act.
(3.)THE Reference Court came to the conclusion, on the basis of the evidence led by the appellant-Company, that the appellant-Company was the absolute owner of the acquired land. It was also held that Ramadhar was having no individual interest as lessee in the said land. However, the Reference Court further held that Ramadhar would be entitled to get Rs. 20,000/- out of the compensation awarded for the acquisition on account of the fact that he had registered lease exhibit R-7 in his favour qua the acquired land and the aforesaid lease hold has been acquired by Ramadhar on a consideration of Rs. 20,000/-.
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