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1960 Supreme(Ker) 251

M.S.MENON, T.K.JOSEPH, P.GOVINDA MENON
Raja Krishna Menon – Appellant
Versus
Raman Unni – Respondent


Judgment :-

1. The question involved in these three appeals is as to the apportionment between the appellants-tenants and the respondent jenmi of the compensation amount awarded in three land acquisition cases. The learned Subordinate Judge of Palghat to whom the reference was made under S.31 [2] of the Land Acquisition Act held that 40% of the compensation amount should be awarded to the jenmi and 60% should be awarded to the kanomdar. The tenants have come up in appeal and the appeals have been referred to the Full Bench for a final and authoritative decision as to what is the basis of distribution of the compensation amount between the land lord on the one hand and the occupancy-tenants on the other.

2. The appellants contend that in these cases the entire compensation value as also the solatium should have been awarded in their favour as they are not tenants, but have become full owners of the properties and the respondent is not entitled to get any michavaram. It is also stated that the apportionment should have been made in the proportion of the respective income which the parties derive from the properties as was laid down in the Bench decision of this Court in Krishna Ayyar









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