Satya Brata Sinha, J. - (1.) The first parties are appellants before us. The Judgment under appeal delivered on 19th day of September, 1994 arises out of a reference made to the Land Acquisition Judge Hooghly District under Section 30 of the Land Acquisition Act and the respondents herein claim right, title and interest in respect of the acquired lands which are plot No. 4008 (Bastu) measuring. 16 acres and plot No. 4029 (Bagan) measuring. 332 acres and plot No. 4009 (Bhiti) measuring .096 acres and plot No. 4005 (Bagan) measuring 0.73 acres.
(2.) The Notification under Section 4 of the Land Acquisition Act was issued on 7.1.89 Admittedly, the plots in question were recorded in the name of the predecessors-in-mterest of the appellants herein. The Collector, therefore, made an award of Rs. 1,97,013.3 IP. in favour of the appellants. The claimants- respondents claim right, title and interest over those plots and thus claim their right to obtain the aforementioned awarded amount. The Land Acquisition Collector made a reference in terms of Section 30 of the Land Acquisition Act. The fact that the predecessors-in-interest of the appellants were owners of the plots in question is not in dispute. The respondents herein claim their right, title and interest by reason of a Deed of Sale executed by Sk. Abdul Rashid son of late Fakir Ch. Mistry & Rani Bibi, wife of Fakir Mistry in favour of Narendra Nath Nandy, their predecessor-in-interest dated 15th May, 1935.
(3.) Before the learned Trial Judge both the parties have adduced oral as well as documentary evidence. The respondents have also produced before the learned Trial Judge a Deed of Trust executed by the aforementioned Narendra Nath Nandy in the year 1952 and various other documents to show that they had been in possession of the lands in question.;