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1941 Supreme(Mad) 91

KING
The Land Acquisition Officer – Appellant
Versus
S. V. Subba Rao – Respondent


JUDGMENT

King, J.

1. The subject-matter of this appeal is a small plot of land in Calicut measuring 2 cents which has been acquired for the purpose of a telephone exchange. Notification was issued in 1935. The evidence shows that at the time of the notification a building was standing upon the site which had originally consisted of four rooms on the ground floor and three rooms in the upper storey. In 1932, however, one of the rooms on the ground floor had been destroyed, and the whole of the upper storey had also been destroyed on account, as the claimant puts it, of a portion of the Anjuman building falling upon it. The owner of this property claimed Rs. 22,000 for it. The Land Acquisition Officer awarded Rs. 2,700. He arrived at this figure by calculating the annual rental actually derived from the property (it should be mentioned here that the rooms in the lower storey were let out as shops at Rs. 15 a month). Deducting three months rent as necessary expenditure for repairs and the payment of tax to the Municipality, the remaining nine months rent comes to Rs. 135. This sum capitalised at 20 years purchase amounts to Rs. 2,700. The claimant was dissatisfied with this award and th




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