late Mohd. Moulana Sab through 1st wife, they too have a share in the compensation. Hence, they sought for a direction to deposit the cheque amount to safeguard the interest of both parties. The respondents opposed the petition contending that the plaintiffs have filed suit for partition of the lands knowing fully well that lands are not available for partition. They have not filed any application under Section 30 of Land Acquisition Act, to refer the matter to civil court and therefore, they have no right to seek deposit of cheque amount. The Trial Court observed that admittedly, the Government acquired 31 Acres of the lands, shown in Item No.1 of the plaint schedule, which belonged to late Mohd. Moulana Sab and defendants did not dispute the relationship of the plaintiffs with Moulana Sab. The defendants claimed exclusive right over the house property by virtue of the oral gift, which was later allegedly reduced into writing under a Memorandum and in the said Memorandum, the land acquired by the Government was not bequeathed by Moulana Sab to anyone and he died intestate, which was evident from the said Memorandum. The Trial Court further observed since the plaintiffs are progeny of late Moulana Sab, they are entitled to a share in compensation amount paid by the Government and as the entire amount was taken away by the defendants, they are liable to deposit 7/24th share of the plaintiffs into Court and accordingly, directed the defendants to deposit Rs.26,46,365/-.
