- (1.) Admittedly 5 acres and 25 cents of lease out of the total land measuring 32.01 acres had been acquired and taken possession of under the provisions of the Land Acquisition Act prior to the date of the auction i.e., 11.8.1986. The Mutt, that is, the vendor in this case, had no longer any subsisting title in respect of the said 5 acres and 25 cents on 11.8.1986. The petitioners offered their bid for the entire land measuring 32.01 acres at the rate of Rs. 5.25 lakhs per acre. In view of what is stated above, it follows that there should be abatement of the total price payable by Rs. 27,56,250/-, representing the value of 5.25 acres which are not included in the estate. The petitioners have already paid the entire balance payable by them except Rs. 2,27,687,50 which they undertake to pay on or before 15.2.1987. The petitioners are not liable to pay any more amount to the Mutt. Whatever compensation is payable under the provisions of the Land Acquisition Act in respect of the land measuring 5 acres 25 cents may be realised by the Mutt directly.
(2.) The C.M.Ps. are disposed of accordingly.;