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1976 Supreme(Ker) 139

BHASKARAN NAMBIAR, CHANDRASEKHARA MENON
Kunhamina Umma – Appellant
Versus
Special Tahsildar – Respondent


Advocates:
P.C.B. Menon and V.P. Mohankumar, for Petitioners; B. Moosakutty, T.S.V. Iyer, P.B. Balasubramaniam and Govt. Pleader, for Respondents.

Judgement

CHANDRASEKHARA MENON, J.:This appeal arises out of a proceedings for apportionment of compensation for land acquired between rival claimants. The appellants are claimants 5 to 9 in L.A.O.P. 43/69 on the file of the Sub Court, Badagara. Two items of properties are involved in the proceedings. These properties are in Nochad village in Quilanday Taluk. The first item is known as Edathil Porayi Paramba measuring 35 x 30 six feet koles and the other Uppilavullathil Paramba measuring 38 x 38 six feet koles. Claimants 1 and 2 are the jenmies and third claimant the intermediary with respect to the properties. The fourth claimant is Melcharthdar with regard to item 2.

2. Admittedly one Upathu Umma was the tenant in possession of both the items of the properties. Claimants 5 to 9 who are the wife and children of Soopi one of the sons of Upathu Umma claims that as per two documents executed by Uppathu Umma in favour of Soopi on 22-7-1941, they have got exclusive tenancy rights over the acquired properties and the entire compensation in respect of the tenancy and occupancy rights in the properties should be paid to them. These documents are marked in the case as Exs. A15 and A16. Ex A1































































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