5.Before the lower Court, the claimant / respondent has produced the documents namely the sale deed dated 26.10.1999 and another sale deed dated 16.08.1999 as Ex.C4 and Ex.C5. The Court below considering the documents came to the conclusion that though the market value of the lands dealt with in those documents is Rs.10,000/- per cent, awarded only a sum of Rs.5,000/- per cent for the acquired land. The claimant is entitled to compensation at market value and the value has to be assessed as on the date of 4(1) notification. It is also not disputed that the documents Ex.C4 and Ex.C5 are long prior to the date of 4(1) notification. There is no illegality or infirmity in relying upon the two sale deeds which were executed much prior to the 4(1) notification. Though the learned Additional Government Pleader submitted that the documents filed by the claimant were not proved, in the manner known to law, the said contention cannot be sustained having regard to the settled position that such sale deeds need not be proved by examining the parties to them. The appellants have not been vigilant in bringing any evidence contra. Even the claimant was not cross-examined properly suggesting that Ex.C4 and Ex.C5 are fictitious transactions. The lower Court on proper appreciation of evidence found that the acquired land is near road and that they are capable of being used as house site. This Court finds no legal infirmity in the findings of Sub Court on the market value.
