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Tarini Kamal Pandit and ors. Vs. Prafulla Kumar Chatterjee (Dead) by Legal Representatives - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1626 of 1973
Judge
Reported inAIR1979SC1165; (1979)3SCC280b; [1979]3SCR340
ActsCode of Civil Procedure (CPC) - Sections 66 - Order 21, Rules 92 and 94 - Order 40, Rule 1; Transfer of Property Act
AppellantTarini Kamal Pandit and ors.
RespondentPrafulla Kumar Chatterjee (Dead) by Legal Representatives
Appellant Advocate S.N. Andley,; K.C. Sharma,; Prem Malhotra and;
Respondent Advocate S.L. Sinha, ; G.S. Chatterjee, ; D.N. Mukherjee and ;
Prior historyAppeal by Special Leave from the Judgment and Order dated September 16, 1971 of the Calcutta High Court in Appeal from Original Decree 209 of 1966.
Excerpt:
.....of share in property and so relief claimed by appellants cannot be denied - parties however entered in compromise and matter disposed of accordingly. - land acquisition act (1 of 1894)section 23: [s.b.sinha & cyriac joseph, jj] determination of compenssation - acquisition of agricultural land held, in absence of any example of sale being available, the reference court is required to take recourse to other methods of valuation. when the lands sought to be acquired are admittedly agricultural in nature, the state should bring on record the requisite information, viz., the nature of the crop, the annual average yield, availability of irrigation facilities, etc., so as to enable the reference court to arrive at a correct decision in regard to grant of compensation under the act...........january, 1979, allowing the appeal to the extent that there will be a decree for partition and separate possession of one-fourth share each of plaintiffs 2 and 3, the parties expressed their desire to agree amongst themselves and divide the properties finally and report a settlement to that effect and prayed that the court may be pleased to pass a decree in terms of the compromise. leave was granted to the parties to enter into a compromise and report the matter to the court for the passing of the decree in terms of the compromise. accordingly the parties have entered into a compromise and have filed the compromise memo along with plans for passing of the final decree. accordingly we direct that a decree be passed in terms of the compromise.
Judgment:
ORDER

17. When the Judgment was delivered in Court on 16th January, 1979, allowing the appeal to the extent that there will be a decree for partition and separate possession of one-fourth share each of plaintiffs 2 and 3, the parties expressed their desire to agree amongst themselves and divide the properties finally and report a settlement to that effect and prayed that the Court may be pleased to pass a decree in terms of the compromise. Leave was granted to the parties to enter into a compromise and report the matter to the Court for the passing of the decree in terms of the compromise. Accordingly the parties have entered into a compromise and have filed the compromise memo along with plans for passing of the final decree. Accordingly we direct that a decree be passed in terms of the compromise.


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