BRAHMESWARA DEVARU AND OTHERS Vs. BUDRLAH AND OTHERS

JUDGEMENT

(1.) THESE are appeals filed under Section 54, Land Acquisition Act by the Amildar, Shimoga Taluk, on behalf of three Muzral Institutions against the order of the learned Sub -Judge, Shimoga, disallowing claim of the Appellants to the compensation awarded for compulsory acquisition of lands in Mathodu village, Shimoga Taluk. The Land Acquisition Officer awarded compensation for the wet lands at Rs. 200/ - per acre, for the dry lands at. Rs. 79/ - per acre and directed the amounts to be paid to the Appellants.

(2.) THE Appellants' claim to the amount and the adequacy of the compensation were both questioned by the persons in actual possession of the lands. They sought for and obtained a reference to the Court for determination of both these -questions. The learned Sub -Judge confirmed the award with respect to the amount payable but held that the amounts were payable to the persons In possession of the lands and not the Appellants.

(3.) A preliminary objection is taken by the Respondent to the maintainability of the appeal in this Court on the ground that the order to the extent it affects lights of persons to obtain pay to be treated as a decree and according visions relating to appeals from decrees, should have been fled in the Court of the Distant Judge. If the orders ore to be treated as decrees, there can be no doubt the objection has to prevail as the amounts involved are such as to render the appeals possible and necessary in the Court of the District Judge.