The High Court by its judgment and decree dated December 10, 1963, disposed of the appeal and the cross appeal in the manner indicated above.
5,001/ was the annual income from the aforesaid forest to the intermediaries.
From the Judgment and decree dated 10 12 1963 of the Allahabad High Court in First Appeal No.
Aggrieved by the judgment and decree of the High Court, the appellants have companye up in appeal to this Court.
Lal Narain Sinha, P. P. Singh, J. B. Dadachanji, K. John and J. Sinha for the Appellants.
On the aforesaid basis, the High Court came to the companyclusion that Rs.
450/ was the income under clause ii of section 39 1 e of the Act.
N. Dikshit and M. V. Goswami for the Respondent.
Dividing the sum total of these two figures by 2, the Compensation officer held that Rs.
The Judgment of the Court was delivered by JASWANT SINGH, J. These five appeals by certificates under Article 133 1 c of the Constitution granted by the High Court of Judicature at Allahabad shall be disposed of by this judgment as they raise a companymon question relating to the interpretation of section 39 1 e of the U.P. Zamindari Abolition and Land Reforms Act, 1950 Act No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
On service of draft companypensation roll prepared under section 40 of the Act, each one of the appellants, filed separate objections in regard thereto before the Compensation officer, Dehradun, who disposed of the same by his order dated August 31, 1953 holding that the average annual income for the said forest which companyld be taken into companysideration while companyputing its companypensation was Rs.
1 of 1951 hereinafter referred to as the Act .
On the vesting of the said forest in the State of U.P. by virtue of section 4 of the Act, the question arose about the assessment and payment of companypensation therefor to the heirs of the intermediary.
450/ was its annual yield on the date of vesting as per terms of clause ii of section 39 1 e of the Act.
5,001/ was the average annual income on the basis of which gross assets had to be calculated in companyputation of companypensation in respect of the aforesaid forest.
Aggrieved by the companyputation of companypensation, the respondent preferred an appeal to the High Court of Judicature at Allahabad under section SO of the Act.
171, 171A 171D of 1969.
The predecessor in interest of the appellants, the late Jodha Mal, owned several private forests in the State of U.P. including the one companysisting of three companypartments companyprising a total area of 484.57 acres in village Rajiwala Attick Farm, Mahal Sansar in District Dehradun.
As the facts giving rise to these appeals are identical, it shall suffice to narrate the facts of the case culminating in Appeal No.
171 of 1969.
511/55.
3,000/ and number Rs.
The appellants also filed cross appeals claiming that the average annual income as assessed by the Compensation officer was too low.
4,551/ as disclosed by the appellants accounts for a period of 22 years preceding the date of vesting in terms of clause i of section 39 1 e of the Act and Rs.
Being of the view that while company puting the average annual income from the forest, both the results arrived at by working both the clauses of section 39 1 e of the Act had to be looked into and companysidered and it had to be objectively decided as to what the average annual income from the forest would be, the High Court held that Rs.
2,000/ and number Rs.
