Judges : G.VISWANATHA IYER,BALAKRISHNA MENON
KOCHU LAKSHMI - Appellant
Versus
VELAYUDHAN - Respondent
Case No : L.A.A. No. 108 of 1976
Decided On : 10/14/1980
Advocates Appeared :
P. Krishnamoorthy; For Appellant P. Gopalakrishnan Nair; K.S. Paripoornan; P.K. Varghese; For Respondents
Compensation - Apportionment of compensation in respect of acquired land - Kerala Land Reforms Act 1 of 1964, S.72, S.72B, S.72F, S.72K - Ext. BI lease - Tenancy rights devolution - Purchase certificates Exts. Al and A2 - Assignment of landlord's rights - Co-owners' entitlement - Reimbursement of compensation - Remand for determination of proportionate liability and balance compensation
Fact of the Case:
The appeal concerns the apportionment of compensation for acquired land. The dispute arises between rival claimants regarding the tenancy rights in the acquired property, with one group claiming entitlement based on the lease Ext. BI and the other group relying on purchase certificates Exts. Al and A2 issued by the Land Tribunal.
Finding of the Court:
The court found that the tenancy rights in the property belonged to the deceased tenant and devolved on all his legal heirs. It also held that the purchase certificates Exts. Al and A2 should enure for the benefit of all the co-owners, and that claimants 1, 7, 8, and 9 hold the certificates on behalf of claimants 2 to 6. The court remanded the case to the lower court for determination of the proportionate liability of claimants 2 to 6 and the balance compensation due to the landlord.
Issues: The main issue was the entitlement to compensation for the acquired land, with one group claiming based on tenancy rights and the other based on purchase certificates issued by the Land Tribunal. The court also addressed the question of proportionate liability and reimbursement of compensation.
Ratio Decidendi: The court interpreted the provisions of the Kerala Land Reforms Act 1 of 1964, particularly S.72, S.72B, S.72F, and S.72K, to determine the extinguishment of landlord's rights and the assignment of such rights to cultivating tenants. It also emphasized the application of the Indian Trusts Act to determine the entitlement of co-owners to the purchase certificates.
Final Decision: The appeal was allowed, and the case was remanded back to the lower court for determination of the proportionate liability of claimants 2 to 6 and the balance compensation due to the landlord. The court made no order as to costs.
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 the parties that the property belonged in jenmom to Chithumaia Bhagavathi Elankom Temple and that Kaliarnbi Narayanan had pankuvaram right in respect of this property Ext. BI dated 16-2-1101 is the document under which this property and other items were held by Kalinambi Narayanan. The acquired property is included in the B schedule to Ext. BI and shows it was a pankuvaram arrange ment for a period of one year. It is also seen that Narayanan had paid 1050 fanams as premium to the Jenmi at the time when the property was granted on pankuvaram. Narayanan died in 1959, after the commencement of the Hindu Succession Act. His legal heirs are claimant No. 2 his second wife, claimants 5.6 and deceased Velayudhan, his three sons and claimants 3 and 4 his daughters. Claimants 5 and 6 are the sons of Narayanan and the 2nd claimant. Claimants 3 and 4 and deceased Velayudhan are the children of Narayanan in his first wife, Narayanan Velayudhan also died in 1969. The 7th claimant is his wife and claimants, 1, 8 and 9 are his children. According to claimants 2,5 and 6 and also claimants 3 and 4 who support them, the compensation in respect of the tenancy right in the property is to be apportioned among the wife and all the children of deceased Kaliambi Narayanan as the tenancy belonged to him and on his death devolved on his wife and children. This claim to compensation is opposed by claimants 1.7,8 and 9, the legal representatives of Narayanan Velayudhan. According to them on the death of Kaliambi Narayanan the property was lying fallow for about three months and there was a fresh oral engagement by the jenmi in favour of Narayanan Velayudhan. He was a tenant in respect of the property and on bis death in 1969 the tenancy rights devolved on his legal heirs who are claimants 1, 7,8 and 9. They had applied to the Land Tribunal, Trivandrum for the assignment of the landlord's rights in respect of these properties and had obtained the purchase certificates Exts. Al and A2 dated 13-11-1975 relating to the aforesaid two survey numbers. Exts. Al and A2 are conclusive in regard to their absolute title to the property and the entire amount of compensation should be paid to them. The court below accepting Exts. Al and A2, held that the property by virtue of these certificates of purchase vests absolutely in claimants 1, 7, 8 and 9 and they are entitled to the entire compensation in respect of the property. There is a further direction in the judgment for deposit of Rs. 3037.50 being the balance compensation due to the jenmies in respect of the property covered by the purchase certificate Ext. A2. It is also found that the entire compensation under the Land Reforms Act with respect to Ext Al purchase certificate had been paid by these claimants. They had paid one instalment
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