KOCHAN NADAR RAYAPPAN NADAR Vs. PODIYAN NADAR

JUDGEMENT

(1.) The appeal is against the judgment of the Subordinate Judge, Trivandrum in L. A. R. No. 251 of 1972. The reference is under S.32 of the Kerala Land Acquisition Act for the purpose of apportionment of compensation deposited in Court. The acquisition was in respect of 5.54 acres of land. The Land Acquisition Officer deposited the compensation Rs. 4,340.56 Ps. in court because of the dispute among various claimants " and referred the question of dispute to he decided by the civil court under S.32 of the Land Acquisition Act. The court below without deciding the reference has directed the parties to establish their title to the acquired land In other appropriate proceedings with a further direction for deposit of the compensation amount in the Indian Bank, Trivandrum as fixed deposit for a period of two years. It is against this that the 17th claimant has preferred this appeal.

(2.) The B - diary in the case shows that the case was not even posted for trial. Notice to all the parties had not been served even on the date of disposal of the reference by the lower court. The B - diary shows that the case was adjourned to 20-12-1976 for return of acknowledgment of notice issued to claimants 35 and 41, for obtaining correct names and addresses of the legal representatives of the 12th claimant, to get the correct name and address of the 15th claimant and for notice to the 19th claimant. It is seen that a letter was sent to the Land Acquisition Officer on 6-12-1976 to get the above details. There is an endorsement dated 7-12-1976 that notice had been issued. The entry dated 20-12-1976, shows that claimants 19, 35 and 41 were not present, and the case was adjourned to 29-1-1977 awaiting reply from the Land Acquisition Officer. The next entry dated 29-1-1977 is that no reply is received from the Land Acquisition Officer and the case is posted for disposal on 31-1-1977. On 31-1-1977 the case is disposed of directing the parties to establish their title to the acquired property in other appropriate proceedings; and the compensation amount is directed to be deposited in the Indian Bank, Trivandrum as Fixed Deposit for a period of two years.

(3.) A Division Bench of this Court in Chandan Vydiar v. Chakkutty Vydiar, (1969 KLR 691) has held as follows: