NARAYANA PILLAY DAIVASEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal by certificate from a judgment and decree of the Kerala High Court arising out of assessment of compensation for acqusition of certain land.

(2.) On April 22, 1957, the land in dispute had been purchased by the appellant from the Maharaja of Travancore at a nominal price. It was comprised in survey No. 1680 and its area was stated in the sale deed to be 5 Acres and 10 Cents. Later on by a sale deed dated October 14, 1957 the appellant retrans-ferred an area of 65 Cents to the Maharaja. It was claimed by him that according to the survey plan and the revenue records the area left in his ownership came to 4 Acres and 45 Cents. On June 13, 1959 the appellant sold 15 Cents out of the aforesaid area for Rs. 7500/-. On August 17, 1959 he sold another 5 Cents for Rs. 2875/-.

(3.) On September 22, 1959 a notification for acquisition of the land was issued under S. 4 of the Land Acquisition Act. This was followed by a notification under S. 6 on June 21, 1960. The Government took possession on August 4, 1961. The Deputy Collector awarded compensation at the rate of Rs. 100 per Cent calculating the total amount on the basis that the area was 4 Acres 15 Cents. The appellant asked for a reference under S. 18 of the Act. In that application he did not challenge the extent of the area acquired but made a grievance of the market rate having not been awarded. Before the Additional Subordinate Judge, who decided the reference, the appellant, however, raised the question that the actual area which had been acquired was 4 Acres 25 Cents and not 4 Acres 15 Cents. This part of the appellant's claim was negatived by the Additional Subordinate Judge. As regards the rate at which the compensation was to be awarded the learned judge accepted the sales made on June 13, 1959 and August 17, 1959 by means of Exhibits P. 13 and P. 14 as genuine. But after considering the whole evidence the rate of compensation was fixed at the rate of Rs. 150/- per Cent. The appellant appealed to the High Court. That appeal was heard along with some other appeal and the High Court fixed the value at the rate of Rs. 300/-per Cent whereas the claim of the appellant was that Rs. 450/- per cent should be awarded.