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1958 Supreme(Ker) 78

SANKARAN, T.K.JOSEPH
State – Appellant
Versus
Narayani Pillai Kuttiparu Amma – Respondent


Judgment :-

1. This appeal by the State is directed against the decree passed by the Additional District Judge at Trivandrum in Land Acquisition Reference No 6/1951 on the file of his court. A plot of land, 84 cents in extent comprised in Survey No. 790 of Cheruvakkal Pakuthy, was acquired by the State on 1-4-1050. This property was owned in equal shares by a mother, Narayani Amma Kuttipparu Amma, and her three sons Sivasankaran Nair, Appukuttan Nair and Parameswaran Pillai. The one-fourth share of Parameswaran Pillai was purchased by Sivasankaran Nair who thus became entitled to a half share in the property. The mother Kuttipparu Amma and her son Appukuttan Nair retained ownership of their respective one-fourth shares. This was the position at the time of the land acquisition proceedings and it was made clear in the written statements filed by Kuttipparu Amma and Sivasankaran Nair before the Land Acquisition Officer. Their claim for compensation was at the rate of Rs. 60/- percent. The Tahsildar prepared a valuation statement fixing the land value at the rate of Rs. 20/- per cent besides the price separately fixed for the trees and building in the property. The Land Acquisition Of












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