1905 (7) TMI 1

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..... kerjee For The Respondents/ Babu Ram Charan Mitra JUDGMENT 1. This is an appeal in a proceeding under the Land Acquisition Act I of 1894. The Appellant was one of the claimants before the Collector. A reference was made at his instance to the Judge under the Act under sec. 18. The learned Judge in the lower Court has held that this claimant, that is, the Appellant before us had no locus standi .....

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..... ount much less than that claimed by Galstaun. The award shows that one of the claimants was Galstaun who is described as an Intending purchaser of the tenant right of Bhuban Mohan. The Collector took possession on behalf of the Government on the same day, viz., the 30th January 1904. 3. In the meantime, the transaction between Galstaun and Bhuban Mohan had advanced so far that Galstaun gave Bhuba .....

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..... reference. He made an order on the 12th November 1904 against Galstaun, and on 14th November passed a decree against him with costs confirming the award of the Collector. 5. Two appeals have been presented to us, one from the order of the 12th November, which is numbered 140 of 1905, and the other against the final order made in the proceeding, which is numbered 11 of 1905. 6. The question that .....

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..... or thought he was a person who could come in as claiming an interest, and these facts were sufficient to entitle Galstaun to ask for a reference and to appear in support of it. 8. In the view we take, sec. 54 of the Transfer of Property Act has no application. It may be that in a subsequent stage of the proceeding the question of Galstaun's interest will have to be looked into. It does not se .....

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..... for us to make separate orders on the two appeals before us. But it seems to us that appeal from order No. 140 of 1905 was not only unnecessary; it is very doubtful whether there was a right of appeal against an interlocutory order of the nature appealed from. We, therefore, dismiss the appeal No. 140 of 1905 with costs. Appeal No. 11 of 1905 should be decreed with costs.
Case laws, Decisions, .....

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