KESAVA PILLAI Vs. UZHUTHIRARU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against an order dated 16th March 1962 of the Subordinate Judge of Meenachil in L. A. R. No. 2 of 1960.

(2.) A plot of land, 13 cents in extent, in survey No. 234/1 of Vellavoor Village was acquired by the State under the Travancore Land Acquisition Act, XI of 1089. The appellant and the first respondent were rival claimants for compensation. The Land Acquisition Officer made an award on 3rd February 1956 fixing compensation at Rs. 409-8-0 and solatium. The question of apportionment was left for decision by the District Court. The appellant claimed enhanced compensation, and he applied for reference on 28th February 1956. The Subordinate Judge of Meenachil held that there was no award under S.11, or reference under S.18 of the Act as the question of apportionment of compensation was not decided by the Land Acquisition Officer and that the reference was one under S.27 of the Act (corresponding to S.30 of the Indian Land Acquisition Act). Accordingly, he decided the question of apportionment and sent back the papers to the Land Acquisition Officer for passing an award. This Civil Miscellaneous Appeal is against this order.

(3.) The first question for decision is whether an appeal lies from this order. An appeal lies only under S.38, which provides: