Law:

Section:

Memorandum of appeals filed by appellant before High Court were accompanied by thoppy of award made by District Judge and under S.26(2) of Land Acquisition Act, 1894, award given by District Judge having been deemed to be a “decree”, it was not necessary to file copies of decree-sheet with memos. of appeals irrespective of the fact thaa formal decree-sheet was drawn by District Judge---Memorandum of appeals duly accompanied by copy of award made by District Judge, having been properly filed, order of High. Court in dismissing appeals as being incompetent due to non-filing of decree-sheet, was set aside by Supreme Court remanding case to High Court to decide the same afresh after hearing the parties. [pp. 36, 37; .3] A, B, C & D Narsingh v. Secretary of State AIR 1928 Lah. 263; Nur Din v. Secretary of State AIR 1927 Lah. 49; M. Dodla Malliah and others v. The State of Andh. Pra. AIR 1964 Andh. Pra. 216 and Dilawar Hussain v. The Province of Sind PLD 1953 Kar. 578 ref. THIS JUDGMENT DELIVERED BY: SARDAR SAID MUHAMMAD KHAN, CHIEF JUSTICE:---.--- The above entitled appeals have been directed against the judgment and decree of the High Court dated 13-11-1998, whereby the appeals led by the appellants, herein, were dismissed. As the above entitled appeals, arise out of single judgment of the High Court, we propose to dispose of the same through this consolidated judgment. 2. The brief facts of the case are that the land was acquired by the Government and initially the Collector, Land Acquisition fixed the price of the lands Rs.48,000 per Kanal plus 15% “Jabrana”. The appellants, herein, and the respondents initiated cross references before the District Judge who dismissed the one initiated by the appellants, herein, for reduction of compensation amount while that of respondents was accepted and the compensation amount was increased from 48,000 to Rs.80,000 per Kana The appellants, herein, filed appeals to the High Court. A preliminary objection was raised on behalf of the respondents that the appeals did not I accompany the copy of the decree sheet of the District Judge and as such were incompetent. The High Court upheld the objection and dismissed the…

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