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1953 Supreme(Ker) 20

M.S.MENON, KOSHI
State – Appellant
Versus
Venkitasubramonia Iyer – Respondent


Judgment :-

1. This is an appeal by the Government of Travancore against the decree of the District Court of Trivandrum in O. S. No. 79 of 1117 awarding the respondents compensation for the improvements effected on 82 cents of poramboke land.

2. That the 82 cents belonged to the Government and that the respondents were registered holders only to the extent of 20 acres and 12 cents and not of 20 acres and 94 cents as claimed by them and as the re-survey would indicate, are now beyond controversy. It is also clear that the possession of the respondents though long - 40 years and over - and apparently bonafide was not long enough on the date of their dispossession in 1105 for the prescription of a title by adverse possession as against the Government

under the Travancore Limitation Act, VI of 1100.

3. The points urged by the learned Government Pleader in support of the appeal were:

(i) that as the respondents had no title to the land and were but trespassers, they were not entitled to any compensation under the provisions of the Travancore Land Conservancy Act IV of 1091;

(ii) that the suit was barred by limitation; and

(iii) that even if the respondents were entitled to be compensated and







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