KRISHNAN Vs. NARAYANA PILLAI

JUDGEMENT

(1.) ACRE 27.976 cents of land in survey -No.361/3 of Chenkal Village in Trivandrum District was acquired by the State.All amount of Rs.5,458.61 was awarded as compensation.The property was taken possession in pursuance of the acquisition in 1963.Dispute arose between the parties with regard to the claim for compensation.Therefore reference was made by the Land Acquisition Officer to the Trivandrum Sub Court having jurisdiction in the matter under S.32 of the Land Acquisition Act.

(2.) PLAINTIFFS 8 and 9 in the court below claimed compensation of 53.280 cents of land and plaintiffs 10,11 and 35 in respect of 15.444 cents,19.226 cents and 22.747 cents respectively.Plaintiffs 58 to 63 claimed 1/6th right as assignees of a joint family by name Thenmavana Matom and 64th plaintiff claimed 1/6th right as assignee of the same family.

(3.) PURSUANT to remand the lower court has now repelled the contentions of the plaintiffs 8,9,10,12 and 35 holding that Ext.P -3 mortgage is not barred by limitation and the Matom's right to redeem was subsisting at the time of acquisition.The respondents namely plaintiffs 58 to 63 and 64 were held by the lower court to be entitled to the share of the compensation claimed by them as successors in interest of the Matom.Respondents 1 to 6 namely plaintiffs 58 to 63 were held to be entitled to 1/6th share while the 7th respondent,the 64th plaintiff was found to be entitled to another 1/6th share.The lower court awarded in consequence an amount of Rs.855.70 in favour of respondents 1 to 6 and an equal sum in favour of the 7th respondent.This has led to the present appellants namely plaintiffs 8,9,10,12 and 35 filing this appeal before this court.