MARIAPPA NAICKER Vs. SPECIAL TAHSILDHAR
LAWS(MAD)-2019-12-275
HIGH COURT OF MADRAS
Decided on December 17,2019

Mariappa Naicker Appellant
VERSUS
Special Tahsildhar Respondents

JUDGEMENT

S.M.SUBRAMANIAM,J. - (1.) The common Judgment and Decree passed in L.A.O.P.No.19 of 1990, dated 29.10.2004 and the common Judgment and Decree passed in L.A.O.P.No.22 of 1990, dated 29.10.2004 are put under challenge in the present Appeal Suits. The claimants are the appellants in the Appeal Suits and the Appeal Suits are filed seeking enhancement of compensation.
(2.) Admittedly, the Special Tahsildar, Land Acquisition fixed the compensation at Rs.400/- per cent. Thereafter, the issue was referred under Section 18 of the Land Acquisition Act before the learned Additional District Judge, Fast Track Court No.III, Poonamallee and the Trial Court adjudicated the issues with reference to the documents filed by the claimants.
(3.) The ground raised by the appellants in these Appeal Suits is that having taken the sale deeds Exs. C1 and C2 as the basis for fixing the market value for the lands acquired, the Trial Court has failed to provide the allowance for the lapse of time. The sale deeds Exs. C1 and C2 are the documents relied upon by the claimants for enhancing the compensation from Rs.400/- to Rs.6,545/-. Relying on these two documents, the appellants are of the opinion that the Trial Court has committed an error in not granting the allowance for lapse of time and therefore, enhancement is to be considered in these Appeal Suits.;


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