R.K.RAMAKRISHANAN Vs. P.C. MOOSA HAJI

JUDGEMENT

(1.) The issue involved in this appeal is the rival claims raised by the appellants and the 1st respondent over an amount of Rs.14,76,912.00, which the Land Acquisition Authorities deposited before the Additional Sub Court at Thalassery (mentioned as Reference Court hereafter, for convenience), in connection with the acquisition of an extent of 0.4828 Hectors (119 cents) comprised in Re-Survey No.27/3 of Keezhallur Village in Thalassery Taluk, for the purpose of Kannur Airport.

(2.) An extent of 4 acres 92 cents of land comprised in Re-Survey No.27/3 of Keezhallur Village, which belonged to the 1st respondent, was purchased directly by KINFRA, in connection with the construction of Kannur Airport. However, a reference under Sec. 30 of the Land Acquisition Act (for short "L.A Act") was made in respect of the compensation amount of 1 acre and 19 cents of land, which was said to be held by 1st respondent along with the abovesaid 4 acre and 92 cents, for the reason that the 1st respondent failed to produce title documents before the Acquisition Authority to convince his right over the said property. According to the 1st respondent, the abovesaid 1 acre and 19 cents formed part of the total extent of 5 acres and 05 cents held by him right from the year 1986. It is stated that the 1st respondent holds a total extent of 6 acres 11 cents of land there, which exist contiguously within well-defined boundaries. The split particulars of derivation of title of the abovesaid 6 acres and 11 cents claimed by the 1st respondent are as follows :

(3.) According to the 1st respondent, the compensation amount deposited by the acquisition authorities in respect of the abovesaid 1 acre and 19 cents has to be given to him since the above land has been remaining under his absolute title and possession ever since 1986, when he purchased the 5 acre and 5 cents as stated in item No.i above.