S.N. Katju, J. - (1.) This is a claimant's appeal against the judgment and decree of the District Judge of Mathura in a reference made to hint under Sec. 18 read with Sec. 30 of the Land Acquisition Act. The aforesaid reference had been made on the application of the respondent Sri Thakur Rangji Maharaj. The land in dispute which had been acquired is situated in Brindaban in the district of Mathura and measures 2.91 acres (14084 sq. yards). The Land Acquisition Officer by his order dated the 16th February 1948 assessed the amount of compensation at Rs. 14,613. Out of this amount of Rs. 14,613/- the appellant Sri Thakur Govind Deoji Maharaj was awarded Rs. 10,429/- while the respondent Sri Thakut. Rangji Maharaj and others were given Rs. 4,184/-. The market value of the land was calculated at /14/- per sq. yard, and apportioned between the parties in the ratio of 6:10 which was held to be the usual proportion in which compensation is apportioned between a landlord and his tenant in the case of occupancy agricultural tenancies.
(2.) The award of the Land Acquisition Officer was not accepted by the respondent Sri Thakur Rangji Maharaj who got a reference made to the District Judge of Agra. He contended that the market value of the land was much more and that the entire compensation should have been paid to the permanent lessee, viz. the respondent, and nothing should be paid to the appellant proprietor. The respondent claimed rupees one lac as the amount of compensation to which he was entitled.
(3.) The learned District Judge determined the total amount of compensation payable for the acquired land at Rs. 1/8 per sq. yard to be Rs. 21,645/-. He was of the opinion that the appellant was entitled to 40 year's capitalized value of the rent payable for the land, i.e. Rs. 8/8/- per year and on that basis he awarded Rs. 340/- to the appellant landlord. He also held that the appellant was entitled to Rs. 130/- as compensation for five neem trees. Thus the total compensation to which the appellant was held to be entitled came to Rs. 470/- To that amount 15 per cent. for compulsory acquisition was added, bringing the figure to Rs. 540/8/-. Deducting the aforesaid amount of Rs. 540/8/-, the balance out of the total amount of Rs. 21,645/- was awarded to the respondent. Assuming that the appellant must have realised Rs. 10,429/- in accordance with the award given by the Land Acquisition Officer, he (the appellant) was directed to return the balance to the respondent after retaining the amount of Rs. 540/8/-.;