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It is clear that s.102 of the Andhra Pradesh Act mentions that after acquisition the Act was not to apply in respect of certain land | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,it was submitted by the respondents that s.99 of the Andhra Pradesh Act.which made the determination by the Tahsildar to be final and debarred other courts from going into the question did not apply in case of compensation payable | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the background of the totality of circumstances as manifest in the different orders it appeared to the arbitrator and the Court that the entry which was made in favour of Abdul Khader as the protected tenant was of doubtful validity | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are of the opinion that the High Court was not in error in so holding | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was the observation of the revenue authorities that it was spurious | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
That in any event what was the interest of Abdul Khader had to be determined in determining the question of payment of compensation to him and in so determining the facts and circumstances and the proceedings before the revenue authorities and entries and subsequent deletions had to be taken into consideration by the arbitrator | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The arbitrator has done so | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He had jurisdiction to do so | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court has so held | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This Court by the two orders referred to hereinbefore had also affirmed this position | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In that view of the matter we are unable to accept the challenge to the award | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Furthermore,under s.99 of the Andhra Pradesh Act the bar was not against the arbitrator but against a civil court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In determining the amount of compensation payable to Abdul Khader under the Central Act,his interests in the property had to be determined | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In another context,the High Court of Andhra Pradesh enunciated the position that it was necessary to determine the interest of the persons claiming compensation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Reference may be made to the decision in the case of Archi Appalareddi and another v | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Special Tahsildar,land Acquisition,Visakhapatnam Municipality and mother,[1979] Andhra Weekly Reporter,Vol.1 p.101,where the Court observed in the context of the Land Acquisition Act that a tenant was a 'person interested' as defined in clause (b) of s.3 of the Land Acquisition Act | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He has a right to object to the acquisition and/or the quantum of compensation | Precedent | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Land Acquisition Officer or the Court,as the case may be,had to ascertain the value of a claimant's right in the property acquired and compensate him in that behalf | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We may mention that in the two orders of this Court dated 30th of January,1975 and 19th of August,1985 referred to herein before,this Court had left it open to the High Court and to the arbitrator to decide whether he is a protected tenant or not.the arbitrator has decided that question and the High Court found over whelming evidence in support of it | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In that view of the matter we must uphold that decision however unsatisfactory | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
it might appear that a fruit pucker gets 60% of the compensation while the owners get only If that is the law | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
let it be | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the aforesaid view of the matter this appeal must fail and is accordingly dismissed with costs | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appeal dismissed | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This is an appeal on a certificate u/art | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
133(1) of theConstitution from a judgment and decree passed by the Appellate Bench of the High Court of Calcutta | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
modifying on appeal the judgment and decree passed by Mr. Justice Bose on the original side of that court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
One Dwarka Nath Ghose was the owner of considerable moveable and immoveable properties | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 10th June, 1891, he made and published his last will and testament whereby he dedicated to this family idol | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Shree Shree Iswar Sridhar Jew his two immoveable properties, to wit | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
premises | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 41 and No. 40/1 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street in the city of Calcutta | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He appointed his two sons Rajendra and Jogendra executors of Ms will and provided that his second wife Golap Sundari and the two sons Rajendra and jogendra should perform the seva of the deity and on their death their heirs and successors would be entitled to perform the seva | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dwarka Nath died on the 16th March, 1892, leaving him surviving his widow Golap Sundari and his two sons Rajendra and Jogendra | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 19th July, 1899, Rajendra made and published his last will and, testament whereby he confirmed the dedication made by Dwarka Nath with regard to premises Nos | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
41 and 40/1 Grey Street and appointed his brother Jogendra the sole executor thereof | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He died on the 31st January,1900, and Jogendra obtained on the 24th April, 1900 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
probate of his said will | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Probate of the will of Dwarka Nath was also obtained by jogendra on the 31st August, 1909 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 4th September 1909, Bhupendra, Jnanendra. and Nagendra, then a minor, the three sons of Rajendra filed a suit, being Suit No | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
969 of 1909,on | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
the original side of the High Court at Calcutta against Jogendra, Golap Sundari and Padma Dassi, the widow of Sidheswar, another son of Rajendra, for the construction of the wills of Dwarka Nath and Rajendra, for partition and other reliefs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The idol was not made a party to this suit | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said suit was compromised and on the 24th November, 1910, a consent decree was passed, whereby jogendra and Golap Sundari gave up their rights to the sevayatship and Bhupendra, Jnanendra and Nagendra became the sevaits of the idol, a portion of the premises | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
41 Grey Street was ;allotted to the branch of Rajendra and the remaining portion was allotted to jogendra absolutely and in consideration of a sum of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
6,500 to be paid to the plaintiffs, jogendra was declared entitled absolutely to the premises | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 40/1 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The portions allotted to Jogendra were subsequently numbered 40/2-A Grey Street and the portion of the premises | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
41 Grey Street allotted to the branch of Rajendra was subsequently numbered 41-A Grey Street | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Jogendra died on the 5th August, 1911, leaving a will whereby he appointed his widow Sushilabala the executrix thereof | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She obtained probate of the will on the 6th August, 1912 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Disputes arose between Bhupendra, jnanendra and Nagendra, the sons of Rajendra, and one Kedar Nath Ghosh was appointed arbitrator to settle those disputes | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The arbitrator made his award dated the 12th October, 1920, whereby he allotted premises No. 41-A Grey Street, exclusively to Nagendra as his share of the family properties | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Nagendra thereafter executed several mortgages of the said premises | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The first mortgage was created by him in favour of Snehalata Dutt on the 19th May, 1926 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The second mortgage was executed on the 4th June, 1926, and the third mortgage on the 22nd February, 1927 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 23rd February, 1927, Nagendra executed a deed of settlement of the said premises by which he appointed his wife Labanyalata and his wife's brother Samarendra Nath Mitter trustees to carry out the directions therein contained and in pursuance of the deed of settlement he gave up possession of the said premises in favour of the trustees | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Snehalata Dutt filed in the year 1929 a suit, being Suit No. 1042 of 1929, against Nagendra, the trustees under the said deed of settlement and the puisne mortgagees, for realisation of the mortgage security | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A consent decree was passed in the said suit on the 9th September, 1929 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Nagendra died in June, 1931, and the said premises were ultimately put up for sale in execution of the mortgage decree and were purchased on the 9th December, 1936, by Hari Charan Dutt | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Hari Pada | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dutt and Durga Charan Dutt for a sum of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
19,000 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A petition made by the purchasers on the 12th January, 1937, for setting aside the sale was rejected by the court on the 15th March, 1937 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Haripada Dutt died on the 3rd June, 1941, leaving him surviving his three sons, Pashupati Nath Dutt, Shambhunath Dutt and Kashinath Dutt, the appellants before us | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Haricharan Dutt conveyed Ms one third share in the premises to them on the 4th March,1944, and Durga Charan Dutt conveyed his one-third share to them on the 3rd May, 1946 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
They thus became entitled to the whole of the premises which had been purchased at the auction sale held on the 9th December, 1936 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 19th July, 1948, the family idol of Dwarka Nath, Sree Sree Iswar Sridhar Jew, by its next friend Debabrata Ghosh, the son of Nagendra, filed the suit, out of which the present appeal arises, against the appellants as, also against Susilabala and the two sons of Jogendra by her, amongst others, for a declaration that the premises Nos | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
41-A and 40/2-A | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street, were its absolute properties and for possession thereof, for a declaration that the consent decree dated the 24th November, 1910, in Suit No | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
969 of 1909 and the award dated the 12th October, 1920, and the dealings made by the heirs of jogendra | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
and/or Rajendra relating to the said premises or any of them purporting to affect its rights in the said premises were invalid and inoperative in law and not binding on it, for an account of the dealings with the said premises, for a scheme of management of the debutter properties and for its worship, for discovery, receiver, injunction and costs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Written statements were filed by the appellants and by Susilabala and the two sons of Jogendra denying the claims of the idol and contending inter alia that there was no valid or absolute dedication of the suit properties I to the idol and that the said premises had been respectively acquired by them by adverse possession and that the title of the idol thereto had been extinguished | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said suit was heard by Mr. Justice Bose who declared the premises | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 41-A | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street to be the absolute property of the idol and made the other declarations in favour of the idol as prayed for | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The idol was declared entitled to possession of the said premises with mesne profits for three years prior to the institution of the suit till delivery of possession, but was ordered to pay as a condition for recovery of possession of the said premises a sum of Rs | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
19,000 to the appellants with interest thereon at the rate of 6 per cent | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
per annum from the 19th July, 1945, till payment or till the said sum was deposited in court to the credit of the suit | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned judge however dismissed the suit of the idol in regard to the premises | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No. 40/2-A | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street as, in his opinion, Sushilabala as executrix to her husband's estate and her two sons had acquired title to the said premises by adverse possession and the title of the idol thereto had been extinguished | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellants filed on the 18th August, 1950, an appeal against this judgment being Appeal No. 118 of 1950 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The idol filed on the 20th November, 1950, cross-objections against the decree for Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
19,000 and interest thereon as also the dismissal of the suit in regard to the premises | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal, and the cross-objections came on for hearing before Harries C. J. and S. N. Banerjee J., who delivered judgment on the 5th March, 1951, dismissing the said appeal and allowing the cross-objection in regard to Rs | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
19,000 filed by the idol against the appellants | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In regard however to the cross-objection relating to premises | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Grey Street which was directed against Sushilabala and the two sons of jogendra the learned judges held that the cross-objection against the co-respondents was not maintainable and dismissed the same with costs | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellants filed on the 31st May, 1951, an application for leave to prefer an appeal to this court against the said judgment and decree of the High Court at Calcutta | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A certificate u/art | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
133(1) of theConstitution was granted on the 4th June, 1951, and the High Court admitted the appeal finally on the 6th August, 1951 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the 22nd November, 1951, the idol applied to the High Court for leave to file cross-objections against that part of the judgment and decree of the High Court,which dismissed its claims with regard to the premises No.40/2-A Grey Street | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The High Court rejected the said application stating that there was no rule allowing cross-objections in the Supreme Court | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The said cross-objections were however printed as additional record | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By an order made by this court on the 24th May, 1953, the petition of the idol for filing cross-objections in this court was allowed to be treated as a petition for special leave to appeal against that part of the decree which was against it, subject to any question as to limitation | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal as also the petition for special leave to appeal mentioned above came on for hearing and final disposal before us | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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