G. KRISHNA AYYAR Vs. KUTHIRAVATTATH NAYAR

JUDGEMENT

(1.) This appeal relates to apportionment between the landlord and tenant, of the compensation amount awarded in a Land Acquisition Case. The properties acquired, namely, 84 cents of paddy land, 23 cents of garden land, and a tank measuring 1 acre 15 cents, belonged in jenmam to the Kakkayur Devaswom of Kuthiravattathu Nayar and formed part of the kanom holding comprised in Ext. B4. The original kanom grant was Ext. B1 dtd. 15/11/1894. It was renewed by Ext. B2 in 1913, by Ext. B3 in 1925, and by Ext. B4 in 1940. The notification for the acquisition was published on 28/5/1952.

(2.) Details of the compensation awarded are as follows:

(3.) As there were disputes between the jenmi and the kanomdar regarding apportionment of this compensation amount, the land acquisition officer referred the case to the court of the Subordinate Judge of South Malabar at Palghat, and the learned Subordinate Judge has passed a decree awarding to the jenmi (landlord), who was respondent 1 in the proceedings before him, Rs.6,539.003-9 being one-third of land value, half solatium, three-fourth of excavation charge of tank with solatium thereon, and one-fourth value of the palmyra trees with proportionate solatium; and to the kanomdar (tenant), who was respondent 2 before him, Rs.3,750.0010-11 being two-third land value with half solatium one-fourth excavation charge with solatium and three-fourth value of the palmyra trees. The appeal is filed by the kanomdar, i. e., respondent 2 before the lower court, against the above decree.