9911796707
TMI Blog1905 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 to ask for a reference. He has come to this co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 Bhuban ₹ 5,000 in part payment of the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 arises in the case is :--Had Galsta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld 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 seem to us to be the intention of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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