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1958 Supreme(Ker) 70

KUMARA PILLAI, M.S.MENON
Raghavan Unni – Appellant
Versus
Athar Rowther – Respondent


Judgment :-

1. This appeal raises the question of apportionment, between a landlord and his kanom tenants, of the compensation amount awarded in a Land Acquisition Case. The appeal is filed by the landlord, who was respondent 1 in the lower court, and the kanom tenants who were respondents 2 and 3 in that court have filed a memorandum of objections to the lower court's decree. Respondent 4 in the lower court was a mortgagee of respondents 2 and 3. The property acquired consisted of double crop wet lands, single crop wet lands, dry unoccupied lands, dry occupied lands, garden lands, and trees and tanks in them. The total amount awarded as compensation is stated in Para.1 of the judgment of the lower court to be Rs. 14,960-51.

According to the statements in Para.8 to 10 of the lower court's judgment, of this amount, Rs. 10,164 form the value of the land, Rs. 83-4-0 the value of the trees, and Rs. 3,188-6-5 the cost of the tanks. The solatium is stated in Para.8 and 9 of the lower court's judgment to be Rs. 1,524-9-10. The lower court directed that 40 per cent of the land value of Rs. 10,164 with 50 per cent of the solatium should be paid to the landlord and 60 per cent of the land val











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