HANUMAKKA Vs. LAND ACQUISITION OFFICER BANGALORE SUB DIVISION

JUDGEMENT

(1.) These appeals are by the Landlords'claimants and are directed against the common judgment and awards made on 12/29-5-1978 by the Principal Civil Judge, Bangalore District Bars galore in Land Acquistion Miscellaneous Cases Nos. 307 of 1966 and other cnnected cases of 1967, apporother connected cases of 1967, apportioning the compensation earlier fixed in the ratio 25:75 between the landlords and tenants. The compensation was already awarded earlier at Rs. 11,300 per acre.

(2.) The learned Counsel appearing for the Landlords in all these cares strenuously urged before us that the learned Civil Judge was not justified in thinking that the landlords were entitled to merely 25 per cent of the total compensation awarded. He submitted that the learned Civil Judge ought to have taken into consideration not merely the rental to be recovered but also other rights vested in the landlords like the right to take possession, the right to increase the rent etc., He also relied on a judgment of this Coure dt. 14-4-1972 passed in Miscellaneous First Appeal No. 52 of 1968 and other connected cases of 1967, wherein this Court apportioned the cmopensation at 50:50 between the landlords and the tenants. The said judgment has no application to the facts of the present cases as there was an agreement in those cases dividing the compensation. He submitted on these grounds that the compensation given to the landlords' at 25 per cent should be enhanced to 50 per cent.

(3.) As aganist that, the learned. Counsel appearing for the tenants argued cnotending that the proportion given at 25 per cent is on the higher side. They submitted that the Mysore Tenancy Act was already in force and the Mysore Land Reforms Act was contemplated and if at all landlords could get a certain multiple of the assessment and, therefore, the compensation should have been in proportion with the provisions of the Mysore Land Reforms Act.