SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1966 Supreme(Ker) 28

M.S.MENON, P.GOVINDA NAIR
Kurian Chacko – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. This is an appeal by the two plaintiffs in L. A. R. No. 34 of 1959 of the Court of the first additional Subordinate Judge of Alleppey. The Land Acquisition Officer valued the land inclusive of the improvements thereon at Rs. 34,557. That valuation has been confirmed in the judgment under appeal.

2. The tenure of the land is Pandaravaka Pattom. The Pattadar is the Cochin Thirumala Devaswom. The plaintiffs are tenants under that Devaswom.

3. The appellants claimed an enhancement of the total compensation awarded by Rs. 76,138 and sought an apportionment of their share therein. The Land Acquisition Officer had apportioned the value of the improvement in the composite amount awarded by him between the appellants and the Devaswom. The appellants accept that mode of apportionment and their only claim as far as their improvements are concerned is that the enhanced compensation, if any, awarded as a result of this appeal should also be apportioned on that basis.

4. There is no doubt that the correct method of valuation in cases like this where there is a tenancy is to evaluate all the interests in the land as a whole and then apportion the amount so ascertained among the partie







Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top