KURIAN CHACKO Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal by the two plaintiffs in L. A. R. No. 34 of 1959 of the Court of the first additional Subordinate Judge of Alleppey. The Land Acquisition Officer valued the land inclusive of the improvements thereon at Rs. 34,557. That valuation has been confirmed in the judgment under appeal.

(2.) The tenure of the land is Pandaravaka Pattom. The Pattadar is the Cochin Thirumala Devaswom. The plaintiffs are tenants under that Devaswom.

(3.) The appellants claimed an enhancement of the total compensation awarded by Rs. 76,138 and sought an apportionment of their share therein. The Land Acquisition Officer had apportioned the value of the improvement in the composite amount awarded by him between the appellants and the Devaswom. The appellants accept that mode of apportionment and their only claim as far as their improvements are concerned is that the enhanced compensation, if any, awarded as a result of this appeal should also be apportioned on that basis.