Ajay Rastogi, J. - (1.) INSTANT second appeal has been filed by plaintiff -appellant assailing judgment & decrees of learned trial Judge and also of learned first appellate court. Both the courts below have disallowed the claim of plaintiff -appellant.
(2.) PLAINTIFF -appellant filed a suit for permanent injunction, particularly, in relation to Khasra No. 309 measuring 2 bighas 8 biswas, which was recorded in his name in revenue record. Respondent -defendants in their written statement placed on record the documents to show that Khasra No. 309 along with other khasras, of which reference has been made in the written statement, was acquired after holding acquisition proceedings in accordance with law and at the relevant point of time Thikana Achrol was shown to be the khatedar in revenue records and documents annexed thereto also show that compensation was paid to the concerned land holders. So far as present appellant is concerned, for the first time, his name was recorded in revenue records after decree passed in his favour on 6th December, 1972, much before acquisition proceedings finally culminated and land vested with the government. It has also come on record that road has been constructed passing through Khasra No. 309. Issue No. 3 was with respect to payment of compensation of the land, which was acquired, was taken note of by learned trial Judge and after taking into consideration the material, both the courts below recorded finding that compensation was paid and land was finally vested with the government. Consequently prayer of permanent injunction prayed for by the appellant was disallowed by both the courts below. Counsel for appellant Mr. Mehta vehemently contends that so far as Khasra No. 309 is concerned, no material was placed on record to show that there was any award passed by the land acquisition officer -as a consequence whereof, the question of making payment of compensation does not arise. He further contends that even if for the sake of arguments it is accepted that there is an award, still nothing came on record which may substantiate that compensation has been paid and he being the person whose name was recorded in the revenue records at least was entitled for adequate compensation. Learned first appellate court upheld the finding of trial Judge with regard to issue No. 3 upholding payment of compensation vide Ex.1 along with statement placed on record which mentions about Khasra No. 309 and also compensation referred to. Further document Ex.2 with regard to list of persons to whom compensation was awarded, in item No. 12 Maharajadhiraj of Achrol was paid compensation of Rs. 4,944.40, which is dated 16th March, 1964 much before the name of present plaintiff entered into the revenue records. The submission made by the counsel is nothing, but re -appreciation of evidence which has been affirmed by both the courts below. No substantial question of law emerges for consideration in the instant appeal.
(3.) CONSEQUENTLY , the appeal fails and is hereby dismissed. Record be sent back to trial court.;