TRAVANCORE-COCHIN STATE Vs. CHACKO ALEXANDER AND ORS.

JUDGEMENT

(1.) THIS appeal arises in execution in a Land Acquisitlon matter. The only question relates to interest and that arises in the following circumstances. The Land Acquisition Officer awarded land value at Rs. 300/ - per cent and Rs. 4000/ - odd for the buildings acquired. The Respondent who was the owner had no objection regarding the value of the buildings but took exception to the award of land value as insufficient and applied for reference to the District Court which was accordingly made.

(2.) TO the execution petition presented by Respondent in the Court below the State filed written objection wherein it was stated in para 1 that the amount awarded by the Land Acquisition Officer was deposited by the State before that offiicer's office and that it was actually drawn by the Respondent on 20 -5 -1109. The enhanced amount allowed by the High Court was afterwards deposited by the State in Covert and it was drawn therefrom by the Respondent.

(3.) THE appeal is allowed and the order of the Court below is set aside.