STATE Vs. KUMARANALLOOR DEVASWOM
LAWS(KER)-1955-12-12
HIGH COURT OF KERALA
Decided on December 20,1955

STATE Appellant
VERSUS
KUMARANALLOOR DEVASWOM Respondents

JUDGEMENT

- (1.) The State is the appellant in these appeals. The appeals relate to Land Acquisition References. A.S. No. 417 of 1954 is from LAR No. 14 of 1953 of the Kottayam District Court, the Land Acquisition Case being No. 216 of 1953 before the Special Land Acquisition Officer for Railway, Kottayam. A.S. No. 418 of 1954 is from LAR No. 30 of 1953 (Land Acquisition Case No. 217 of 1953). A.S. No. 419 of 1954 is from LAR No. 29 of 1953. (LA case No. 215 of 1953). A.S. No. 420 of 1954 is from LAR No. 23 of 1953 (LA Case No. 223 of 1953). The properties involved in the four cases were acquired for the purpose of the Quilon - Ernakulam Railway. The date of declaration is 24.2.1953. The properties belonged to the Kumaranalloor Devaswom, the first plaintiff in the court below, and were demised on Kanom to one Varkey, the second plaintiff who is now dead. Respondents 2 to 6 are the legal representatives of the second plaintiff.
(2.) L.A. Case No. 216 of 1953 related to 28.49 cents of land in S. No. 962/1 of Ettumanoor Pakuthy. L.A. Case No. 217 of 1953 related to 28.848 cents. L.A. Case No. 215 of 1953 to 10.65 cents, and L.A. Case No. 223 of 1953 to 7.26 cents in the same survey number. All the four references were tried together and evidence was taken in L.A.R. No. 30 of 1953 (L.A. Case No. 217 of 1953). At first only the second plaintiff in the court below, i.e., the tenant, entered appearance before the Land Acquisition Officer. He filed statements in all the cases claiming land value at Rs. 30 per cent, in L.A. Cases Nos. 215, 216 and 217 of 1953 and rupees 40 per cent in L.A. Case No. 223 of 1953. Subsequently a joint statement was filed by both the plaintiffs on 27.4.1953 in which the first plaintiff, the landlord claimed one-half of the compensation amount and the second plaintiff, the tenant, claimed the other half. The Land Acquisition Officer awarded land value at the rate of Rs. 12/- per cent in L.A. cases Nos. 215, 216 and 217 of 1953 and Rs. 20/- per cent in L.A. cases No. 223 of 1953. The first plaintiff was awarded one-half of this amount and the second plaintiff the other half. The second plaintiff alone applied for reference to the District Court claiming enhanced compensation, and reference was made only as regards his objection. Notice of the reference was, however, given to the first plaintiff also, and both the plaintiffs together filed a statement in the District Court on 1.10.1953 claiming land value at the rate of Rs. 30/- per cent in L.A.R. Nos. 14, 29 and 30 of 1953 and Rs. 40/- per cent in L.A.R. No. 23 of 1953. The learned District Judge awarded land value at the rate of Rs. 20/- per cent in L.A.R. Nos. 14, 29 and 30 of 1953 and Rs. 25/- per cent in L.A.R. No. 23 of 1953.
(3.) In these appeals the State has taken objection to the enhancement of land value by the District Judge. Objection is also taken to the award of enhanced compensation to the first plaintiff who had not applied for a reference. Another ground urged in the appeals is that, in the decrees prepared in the cases, interest was calculated even on the amount deposited by the State and drawn by the plaintiffs. In A.S. No. 418 of 1954 respondents Nos. 2 to 6 have filed a memorandum of objection claiming compensation at the rate of Rs. 30 per cent as regards their one-half share in the property acquired in L.A.R. No. 30 of 1953.;


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