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1993 Supreme(Ker) 81

SREEDHARAN, JAGANNADHA RAO
Mohammed – Appellant
Versus
Project Director – Respondent


Judgment :-

Sreedharan, J.

Writ petitioner in O.P. 9589/1992 is the appellant., He is aggrieved by the judgment of the learned Single judge dated 25-1-1993, by which Original Petition has been dismissed. The issue urged before us relates to the interpretation of S.49 of the Land Acquisition Act, 1394. hereinafter referred to as "the Act".

2. The short facts germane for the decision of this appeal are as follows.- Respondents 15 to 19 in the writ petition are the owners of property comprised in Survey No. 371/1 of Aluva Village. building, bearing door No. 1/312ofChoornikkaraPanchayat, is situated in that property. The land owners were conducting a Saw Mill in that property. The machineries therein were sold to the writ petitioner as per Exhibit R15(b) dated 30-4-1971. On the same day, the writ petitioner took the shed, where the machineries were installed, for running the Saw Mill on lease. The duplicate copy of the lease deed dated 30 4-1971 is Exhibit P2. As per the terms of that lease deed, writ petitioner was to pay rent at the rate of Rs. 300/- per month for the building bearing door No. 1/312 of Choornikkara Panchayat. Lessee was directed not to put up any structure or to make a































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