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2008 Supreme(Ker) 254

P.N.RAVINDRAN, J.B.KOSHY
Lilly George – Appellant
Versus
Francina James – Respondent


Advocates Appeared: For the Appellant :T.I. Abdul Salam, Advocate. For the Respondents:R1, R3, R4, O.F. Justin, R5 to R12, A. Sudheesh, R5-R12, K.K. Chandran Pillai, Advocates, Mumhammed Anzar, Government Pleader.

Judgment :-

Ravindran, J.

This appeal arises from the decree and judgment passed by the Court of the Additional Sub Judge, North Paravur in L.A.R. No.62 of 1999. The appellant was claimant No.B therein. By the impugned judgment, the court below held that the appellant is not entitled to claim apportionment of the compensation.

2. A parcel of land (0.2455 hectares) situated in Survey No.170/1, Aluva West Village belonging to Sri. Vareed, S/o. Raphel was acquired for the purpose of Cochin Refineries Ltd. Before the Land Acquisition Officer, Sri. Vareed, the land owner appeared and filed a claim statement claiming that he is the absolute owner of the property and that his daughters have no right over the acquired land. His daughters Smt. Lilly George, Smt. Francina James, Smt. Jasseentha James and Smt. Elcy Xavier and his son-in-law Sri. Stephan John, also filed a claim statement before the Land Acquisition Officer Standing that Sri. Vareed is old, infirm and is not in a position to look after, that he is under the influence of his sons and that, as the legal heirs of Sri. Vareed, they are entitled to an equal share in the land value. In view of the dispute between the parties, the Lan








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