Judgement

SHAH, J. : On December, 8, 1954, the Government of Madras issued a notification under S. 4 of the Land Acquisition Act notifying for acquisition for a public purpose, viz. widening the Madras-Calicut Road at Palyam -seven units of land with buildings. One of the units was T. S. No. 298/2 admeasuring 3911sq. ft. together with a building standing thereon used for business purposes. Notification under S. 6 of the Act was issued on December 12, 1954, and possession of the land was taken soon thereafter.

2. The Receiver of Patinhare Kovilakam Estate held T. S. NO. 298/2 in Jenmi right. The respondent in this appeal held in that land the rights of a Kanomdar under a deed dated March 27, 1954. The buildings constructed on the land belonged to the respondent and were let out to tenants at an aggregate monthly rent of Rs 332.50. The Land Acquisition Officer determined the compensation payable to the persons interested at the rate of Rs 10,000/ per acre for the land, and for the houses standing thereon "at their break-up value" In a reference at the instance of the respondent under S. 18 of the Land Acquisition Act (in which the Receiver of Patinhare Kovilakam Estate did not join) th