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Judgment
A.H. Joshi, J.—This appeal is arising out of judgment and award dated 27.12.2000 passed by Additional District Judge at Mapusa, in Land Acquisition Case No. 68/1994.
The dispute leading present land reference arose in view of acquisition of 72 square metres of land out of survey No. 107/2. Award was passed however in view of dispute the amount is deposited in Civil Court. The reference Court held that the present respondent No. 1 is entitled to receive the compensation. The operative part of the order reads as follows:
The compensation along with interest in respect of survey No. 107/2 shall be paid to the Applicant and compensation along with interest in respect of 107/1 shall be paid to the Respondents No. 1 and 2. Considering the circumstances of the case there shall be no order as to costs.
Quoted from page 60 of judgment and award dated 27.12.2000 passed in Land Acquisition No. 68/94)
Appellant is taking objection to payment of compensation in relation to survey No. 107/2 only which is underlined portion in the quotation above.
The present appeal was tagged for hearing with Second Appeal No. 5/98, which has been decided. Present appellant was appellant therein.
In second appeal No. 5/1998 the decree passed in Regular Civil Suit No. 107/78 (old ) 3/90 (new) has been confirmed in First Appeal by District Court was under challenge. The fact of present appellant being in possession of survey No. 107/2 has been finally decided in favour of plaintiff i.e. the present appellant.
Admittedly, the present respondent No. 1 Hanumantrao Annasaheb Rane Sardessai was defendant No. 2 in the said suit, who had in categoric terms admitted plaintiff''s possession on the basis of lease granted in his favour in 1903.
It is seen that the said suit was decreed on 31.01.1992. The decree has attained finality whereupon the plaintiff present appellant''s possession on survey No. 107/2 is accepted by the present respondent No. 1-Hanumantrao, and he has acquiesced with said decree.
In this situation, a party whose possession is adjudicated by competent - Civil Court is entitled to get the amount of compensation.
Learned reference Court however held the respondent No. 1 is entitled to receive the amount of compensation. It is clear that when the entries in original record showing possession do not supersede a decree of Civil Court.
The judgment and award under appeal therefore deserves to be modified in so far as entitlement for receiving compensation as regards survey No. 107/2 is concerned.
Impugned Award is modified as follows:
The compensation along with interest in respect of survey No. 107/2 shall be paid to the appellant.
In the circumstances, the parties shall bear own costs.