K.V.KUNHIMOHAMMED Vs. K.V.SHAIKUTTY

JUDGEMENT

(1.) The suit for declaration of title over a land acquisition compensation amount, and for consequential injunction, was dismissed by the trial court. The plaintiff is in appeal.

(2.) The plaintiff and the defendant are brothers. They have two other brothers and two sisters. They entered into Ext.A1 Partition Deed in the year 1971. In Ext.A1 partition, the property in R.S.75/1, known as 'Cheneerimala' and 'Karimbanchola', describing the extent as 6 acres, was allotted to the plaintiff, defendant and another brother Avarankutty. The plaintiff was allotted three acres as included in Item 4, the defendant was allotted 1 acre as included in item 11, and Avarankutty was allotted two acres as included in item 14 therein. The entire property was acquired in land acquisition proceedings. Advance possession was taken under Sec. 7 of the Land Acquisition Act (hereinafter referred to as the 'LA Act'). The Tahsildar passed Ext.A2=B18 award dtd. 1/6/1986. The compensation awarded was ? 6,32,460/-. The award mentions that, though the area mentioned in Ext.A1 Partition Deed is only 6 acres, the actual extent available is 3.6003 hectares = 8.89 acres. Though the award mentioned four persons as the occupants of the property, the 4th person viz. one K.K.Kunhammad appeared and filed a statement before the Land Acquisition Officer that he has no right over the property. The award amount was received by three brothers in equal shares.

(3.) Seeking enhancement of the quantum of compensation reference application was moved under Sec. 18 of the Land Acquisition Act. The reference court enhanced the amount to ? 56,18,233/-. Ext.A3 = B5 is the award passed by the reference court. The Government preferred appeal before this Court as LAA 41/1996. This Court as per Ext.A4 judgment dtd. 18/6/1999 interfered with the award of the reference court to a limited extent.