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Judgment
This judgment and award dated 03.10.2018 passed by the learned LA Judge, South Tripura, Belonia, in L.A. (Ref.) 40 of 2015 is under challenge before this learned court.
By a notification, the land of the appellants has been acquired. During proceeding before the LA Collector, it transpired that the name of the respondents was recorded as forceful occupier in the khatian (Record of Right). Since there was dispute between the ownership of the land in question, the LA Collector referred the matter to the court of learned LA Judge for apportionment of the award.
The learned LA Judge after hearing the parties and considering the evidences and materials on record had passed an award wherein the respondents were given the entire awarded amount vide judgment dated 03.10.2018. Being aggrieved, the original land owner has preferred the instant appeal.
The contention of the appellants is that vide registered Sale Deed no. I-3061 dated 25.09.1978, the mother of the appellants was the owner of the land and by way of succession the appellants became the owner.
I have gone through the judgment and the records. It is found that the respondents could not prove the adverse possession. However, it is established that the appellants are the owner and the respondents are the occupier of the land, in question. Be that as it may, in my opinion, the award should be apportioned between the appellants and the respondents in equal shares.
Accordingly, it is ordered that the entire awarded amount shall be divided into two equal shares between the appellants and the respondents.
With the aforesaid observation and direction, the instant appeal stands allowed to the extent, as indicated above, and thus, disposed of.
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