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1976 Supreme(SC) 361

V.BHARGAVA, S.M.SIKRI, I.D.DUA, Y.V.CHANDRACHUD, A.C.GUPTA, P.K.GOSWAMI
Fuzhakkal Kuttappu – Appellant
Versus
C. Bhargavi – Respondent


Advocates:
K.RAJENDRA CHAUDHARY, K.RAM KUMAR, N.SUDHAKARAN, T.C.RAGHAVAN, T.S.KRISHNAMURTHY IYER, V.D.KHANNA

Judgment

GOSWAMI, J.:- This appeal by special leave is directed against the judgment of the Kerala High Court out of a proceeding for apportionment of compensation under the Land Acquisition Act.

2. Certain property measuring 2 acres 21 cents in R. S. 299/1 of Chevayur village was acquired by the Government. The compensation which was awarded was a sum of Rs. 28591.88 including the solatium. There were five claimants clamouring for the compensation. While the first claimant (hereinafter to be described as the appellant) claimed the entire compensation after making allowance for a small sum of Rupees 457.50 in favour of the claimants 2 to 4 (hereinafter to be described as the respondents) the latter, on the other hand, claimed the entire amount minus a sum of Rs. 350/- which, according to them, was the entitlement of the appellant. The acquired property originally belonged in janmam (freehold right) to one Vakeri Thannanone Raman Nair. After his death the same was inherited by his heirs and legal representatives. They assigned their Janmam right on January 14, 1967, in favour of the appellant. Based on such a right the appellant is now claiming the aforementioned compensation.

3. The e
















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