PRAN BALLAV Vs. MALEKA BIBI

JUDGEMENT

(1.) This is an application under Section 115 of the Code of Civil Procedure preferred by one of the claimant petitioners in an apportionment case started before the Calcutta Improvement Tribunal a connection with acquisition of certain plots and the consequential award made thereon by the Collector.

(2.) What happened was that the opposite parties made an application for reference after the award was made under Section 18 of the Land Acquisition Act (Act I of 1894) for apportionment of the award made in favour of the present petitioner although no award was made in their favour. Their claim was that they are entitled to 39/64th share in the acquired plots and at least a sum of Rs. 15,000/- out of the total compensation should have been awarded by the Collector in their favour. This application, it appears, under Section 18, was followed by another application by the same petitioners-claimants for withdrawal of the application for reference. What the Collector did was that he transmitted both the applications under Section 18 as also application for withdrawal of that petition for reference on question of apportionment to the Tribunal and after deducting a sum of Rs. I5,000/- out of the total compensation money remitted that amount also to the Tribunal.

(3.) In the proceedings so started before the Tribunal in the written statement the claimant opposite parties took the plea that they are the joint owners having certain share in the disputed property and in substance they denied the right, title and interest of the present petitioner to get the entire amount of compensation and that in any case they were entitled to 39/64th share of the compensation money awarded by the Collector.