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1965 Supreme(Ker) 283

C.A.VAIDIALINGAM
Sosa – Appellant
Versus
State – Respondent


Judgment :-

1. In both these appeals, on behalf of the claimant appellant, Mr. Thomas V. Jacob learned counsel challenges the award of the learned District Judge of Quilon declining to consider the claim for enhanced compensation, on the ground that the applications filed by the appellant under S.18 of the Travancore Land Acquisition Act, seeking a reference to the Civil Court, are barred by limitation.

2. The subject-matter of the two appeals relates to the acquisition of certain lands belonging to the appellant, who is the same in both the appeals, for the purpose of constructing the Omalloor Upper Primary School. Inasmuch as the two acquisitions were made for the same purpose, they were the subject of two references to the Civil Court, namely LAR. Nos. 31 and 32 of 1960. The award itself was on 28 3

1960, and the applications filed by the appellant seeking a reference to the Civil Court under S.18 of the Travancore Land Acquisition Act, are Exx. D-5 and D-9.

3. Pausing here for a minute, it is necessary to refer to the period of limitation provided for under S.18(2) proviso of the Travancore Land Acquisition Act, under which these two acquisitions were made. Unfortunately the lear













































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