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1980 Supreme(Ker) 212

G.VISWANATHA.IYER, BALAKRISHNA MENON
KOCHU LAKSHMI – Appellant
Versus
VELAYUDHAN – Respondent


Judgment :-

1. The appeal is against the decision of the Subordinate Judge's Court, Trivandrum in L. A. R No 36 of 1974, relating to apportionment of compensation in respect of 15.87 Ares of land acquired from out of Sy. Nos. 1930/1 and 1932/1 of Chengazhassery Village. The extent acquired from Sy No. 1930/1 is 5.12 Ares and from Sy. No. 1932/1 is 10.75 Ares. The total compensation in deposit in the civil court for the purpose

of apportionment among the rival, claimants is Rs. 11,343 81. The contest is between claimants 2,5 and 6 on the one hand, and claimants 1, 7, 8 and 9 on the other. Claimants 3 and 4 support claimants 2, 5 and 6, and claim their share of compensation separately

2. Claimants 11 and 12 represent the rival jenmies in respect of the property. They have filed a statement that adjudication of their respective claims inter se need not be done in these proceedings as a suit is pending in respect of their claim to the jenmom title, and the question as to who is entitled to the jenmom rights will be decided in that suit.

3. The question for consideration therefore relates to the claim of tenancy between the rival claimants in this reference. It is the admitted case of all






























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