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1972 Supreme(Mad) 697

M.M.ISMAIL, K.S.PALANISWAMY
Gopal Naidu – Appellant
Versus
Special Tahsildar for Land Acquisition, Neighbourhood Project, Madurai and others. – Respondent


Advocates:
K.S. Champakesa Iyengar and K.C. Srinivasan, for Appellant.
The Additional Government Pleader, C. Natarajan, C.N. Sivakumar, K. Sarvabhauman, T.R. Mani, K. Thirumalai and S. Ramasubramaniam, for Respondents.

Palaniswami, J.- These two appeals arise out of an order of the Subordinate Judge of Madurai made in a reference under section 30 of the Land Acquisition Act, 1894. An extent of 4 acres, 16 cents in R.S. No. 167/1, Tallakulam village, Madurai Taluk has been acquired under the Land Acquisition Act, 1894 for Madurai Neighbourhood Project. As there were rival claims for the compensation, the Acquisition Officer made the reference under section 30. The first claimant contended that the land had been granted in inam in favour of his ancestors in both warams for the service of paricharakam in the pagoda of Kallalagar Devasthanam and that he was entitled to the compensation amount in respect of 1 acre 63 cents. He conceded that the second claimant was entitled to compensation in respect of 2 acres 53 cents as alienee. The second claimant supported the case of the first claimant that what was granted consisted of both the Melwaram and Kudiwaram and claimed compensation for the extent of 2 acres 53 cents, which he claimed to have purchased on 1st March, 1960, from the heir of the original grantee. The Kallalagar Devasthanam contended that what was granted was for the performance of parichar















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