PALGHAT VALIA RAJA Vs. T S VEERARAGHAVA IYER

JUDGEMENT

(1.) A. S. 249/56 (M) is filed by the 1st respondent in L. A. O. P. No. 595/54 is the jenmi of Akamalavaram, portions of which have been acquired in 1953 by the Government for the Malampuzha Reservoir Scheme. The land 'belongs in jenmam to Emoor Bhagavathi Dcvaswom and the appellant, Palghat Valia Raja is the trustee of the Dcvaswom. A. S. No. 356/56 is by the tenant who was the 2nd respondent in the Court below.

(2.) The properties were outstanding under Exts. Bl and B2 two Cowle deeds executed by the Collector of Malabar to one Ravunni Nair. Under Ext. B3 the tenant's rights passed on to one Narayana Pattar. In June 1903, the then trustee of the Devaswom, granted a lease to Narayana Pattar as per Ext. B4 and the property is outstanding under this lease deed. Narayana Pattar's rights were assigned to the 2nd respondent under Exts B5 to B-7. This property of 37 acres was acquired by the Government and the lands were valued at the rate of Rs. 1500/- per acre of double crop lands, Rs. 875/-per acre of single crop lands and Rs. 125/- per acre of dry lands. The amount and the mode of valuation have not been disputed by the parties and it is agreed that no modification is necessary in respect of the amount awarded as compensation.

(3.) The only point for decision in the two appeals relates to the proportion in which the compensation awarded has to be apportioned between the landlord and the tenant. The learned Subordinate Judge of Palghat found that the proper and equitable way of apportioning compensation in respect of the paddy land was to give 1/4th to the landlord and 3/4th to the tenant. According to the appellant in A. S. 249/56, 1/3rd of the value ought to have been awarded to him and only 2/3rd to the tenant, The tenant who is the appellant in A. S. 356/56M contends that only l/6th of the amount should have been awarded to the jenmi instead of 1/4th granted by the court.