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1991 Supreme(SC) 385

K.RAMASWAMY, N.M.KASLIWAL
A. Viswanatha Pillai – Appellant
Versus
Special Tahsildar For Land Acquisition No. Iv – Respondent


Advocates:
K.R.NAMBIAR, K.V.VISHWANATHAN, N.SUDHAKARAN, T.T.KUNHIKANNAN

JUDGMENT

K. RAMASWAMY, J.:— These appeals by special leave are directed against the judgment and decrees of Kerala High Court in A.S. Nos. 603, 604 and 605 of 1969 dated June 29, 1973 confirming the award and decrees of the Civil Court in L. A. O. P. No. 413 etc. of 1964 and 370 and 405 of 1966 dated January 16, 1969. The notification under section 4(1) of the Land Acquisition Act 1894 (for short the Act) was published in the gazette on October 25, 1960 acquiring an ancient Chalai Anicut together with embankments, sluices, culverts etc. by six notifications. This ancient Chalai Anicut originally belonged to Arumughom Pillai. On his demise it devolved on his four sons Venkatachalam Pillai, Vishwanathan Pillai, Pasupathy Pillai and Subhapathy Pillai by intestate succession as coparceners. By partition deed Ex. E-23 dated December 22, 1954, the four brothers partitioned certain properties but kept in common acquired Chalai Anicut under the management of the eldest brother Venkatachalam Pillai. Pursuant to the notice issued under sections 9(3) and 10 of the Act, Venkatachalam filed his objections making reference therein to the partition deed No. 2437 of 1954 in the Registrars office,




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