AUGUSTINE MOONGANANIYIL HOUSE Vs. MANAGER VADUVANCHAL AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the claimant in LAR No.136/2001 challenging the judgment dated 15/02/2005 by which his claim has been rejected by the Reference Court in a matter arising under section 32 of the Land Acquisition Act.

(2.) The short facts involved in the case would show that an extent of 39.80 Ares of land in Sy.No.398/2 of Thomattuchal village in Vythiri Taluk was acquired for the purpose of Government and an award was passed on 11/07/2001 fixing compensation at Rs. 7,78,919/-. When claims were raised in respect of the compensation, the matter was referred to the Court for adjudication.

(3.) The 'A' claimant was the Manager, South Malabar Gramin Bank who claimed that the title deed was mortgaged as security for a loan and therefore the Bank's liability has to be discharged. 'B' claimant is the 2nd respondent. 'C' claimant is the appellant and the D claimant is one Thressiamma, W/o.Thomas. Though notice was ordered to all the claimants, D claimant did not appear and was set ex parte. Evidence was adduced by the B claimant by producing Exts.A1 to A8. No oral evidence was adduced. On the basis of the documents produced by the B claimant, the Family Court found that the B claimant is entitled for compensation and accordingly orders were passed. Direction was also issued to pay South Malabar Gramin Bank, A claimant, Rs. 41,500/-. Impugning the aforesaid judgment, this appeal has been filed inter alia contending that the property absolutely belonged to the father of the appellant, whose name was also Mathai Moongananil.