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1959 Supreme(Mad) 43

GANAPATIA PILLAI
Kanthimathi Mills, Ltd. , Madras by Managing Director, M. S. Chockalingam Pillai – Appellant
Versus
Special Land Acquisition Officer for Co-operative Housing Schemes, Madras – Respondent


Advocates:
V.S. Ramakrishna, for Appellant.
The Government Pleader (B.V. Viswanatha Ayyar), K.S. Ramamurthi and T.R. Manx, for Respondent.

Judgment.-

The appellants in these two C.M.As. are the Kanthimathi Mills Ltd. through its Managing Director, and the only respondent in C.M.A. No. 41 of 1957 and the first respondent in C.M.A. No. 42 of 1957 is the Special Land Acquisition Officer for Co-operative Housing Schemes, Madras. There are three other respondents in C.M.A. No. 42 of 1957, who gave security on behalf of the appellant for withdrawing a portion of the decree amount in O.P. No. 1 of 1949.

C.M.A. No. 41 of 1957 arises out of E.A. No. 124 of 1956 and C.M.A. No. 42 of 1957 arises out of E.A. No. 75 of 1956, both filed in O.P. No. 1 of 1949 on the file of the Court of the Subordinate Judge, Tirunelveli. O.P. No 1 of 1949 was instituted by the Kanthimathi Mills, Ltd., under section 18 of the Land Acquisition Act claiming enhanced compensation for its land acquired by the Special Land Acquisition Office for Co-operative Housing Schemes. By the order in that O.P. the Subordinate Judge awarded enhanced compensation of Rs. 35,643-9-0 on 3rd September, 1040 with interest at 6 per cent. per annum on that amount from 30th June, 1948. Against that decree, the Special Land Acquisition Officer filed A.S. No. 195 of 1950 in th

















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