Vijender Jain, J. - (1.) IN this appeal filed under Clause X of the Letters Patent, the appellants have assailed judgment dated 6.6.1991 of the learned Single Judge whereby R.F.A. No. 1399 of 1986 preferred by respondent Nos. 3 to 6 has been allowed.
(2.) THE case of the appellants is that they were tenants on the land which was comprised in Khasra Nos. 9094 and 9095 measuring 8 kanals and 8 marlas situated in revenue estate of Karnal and which became subject -matter of acquisition by the Government of Haryana. Respondent Nos. 3 to 6, who were owners of the land in question, filed a petition under Section 18 of the Land Acquisition Act, 1894 (for short, 'the Act') against the award of the Land Acquisition Collector, whereas the appellants filed an application under Section 30 of the Act for apportionment of the compensation stating that they, being the tenants, were entitled to l/3rd of the compensation to be assessed by the Reference Court. The application of the appellants was accepted by the Reference Court and it was held that they, being tenants, were entitled to l/3rd of the amount of compensation qua the land in question. For recording this finding, khasra girdwaris, Exhibits P15 and P26 to P32 indicating the possession of the appellants, were relied upon.
(3.) IN appeal, the learned Single Judge held that the appellants were not entitled to any compensation as they had failed to establish their possession as tenants on the land in question. While dealing with the entries in khasra girdwaris, which were relied upon by the Reference Court, the learned Single Judge came to the conclusion that no entry existed in the revenue record in favour of the predecessor -in -interest of the appellants, who died in the year 1970 and thereafter, concluded that in the absence of any record to establish the tenancy and possession of the appellants over the land in question, they were not entitled to any share in the compensation.;