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1999 Supreme(Ker) 122

P.A.MOHAMMAD, M.R.HARIHARAN NAIR
State of Kerala – Appellant
Versus
Saidali – Respondent


Judgment :-

P.A. Mohammed, J.

The two appeals are from the judgments and decrees of the Sub Court, Kozhikode in L.A.R. Nos. 338/93 and 99/94 respectively. In L. A.R.No. 338/93 the judgment in L.A.R. No. 99/94 from which L.A.A. No. 1655/98 arose is relied on. Therefore, we will first deal with L.A.A. No. 1655 of 1998 as the main appeal to be decided.

2. Heard the Government Pleader for the appellants. We also heard the counsel who appeared for the claimants.

3. The notification involved in L.A.R. No. 99/94 was published in 13.3.1991. As per the award the Land Acquisition Officer fixed the land value at the rate of Rs. 2,908/- per cent as against the claim at the rate of Rs. 20,000/- per cent. However, in reference the court below enhanced the land value and refixed the same at Rs. 7,500/- per cent. The State being aggrieved by the said fixation has filed the appeal, L.A.A. No. 1655/1998.

4. The Government Pleader points out that the court below has relied on Exts. A1 and A2 sale deeds for determining the land value. According to him, Exts. A1 and A2 have not been legally proved inasmuch as neither the vendee nor the vendor of the documents was examined before the court below. As per Ext









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