RAGHAVAN UNNI Vs. ATHAR ROWTHER

JUDGEMENT

(1.) This appeal raises the question of apportionment, between a landlord and his kanom tenants, of the compensation amount awarded in a Land Acquisition Case. The appeal is filed by the landlord, who was respondent 1 in the lower court, and the kanom tenants who were respondents 2 and 3 in that court have filed at memorandum of objections to the lower court's decree. Respondent 4 in the lower court was a mortgagee of respondents 2 and 3. The property acquired consisted of double crop wet lands, single crop wet lands, dry unoccupied lands, dry occupied lands, garden lands, and trees and tanks in them. The total amount awarded as compensation 19 stated in paragraph 1 of the judgment of the lower court to be Rs. 14,960-5-1. According to the statements in paragraphs 8 to 10 of the lower court's judgment, of this amount, Rs. 10,164 form the value of the land, Rs. 83-4-0 the value of the trees, and Rs. 3,188-6-5 the cost of the tajiks. The solatium is stated in paragraphs 8 and 9 of the lower court's judgment to be Rs. 1,524-9-10. The lower court directed that 40 per cent of the land value of Rs. 10,164 with 50 per cent of the solatium should be paid to the landlord and 60 per cent of the land value with 50 per cent of the solatium and the whole amount of Rs. 83-4-0 being the value of the trees, should be paid to the tenants. The cost of the tanks, Rs. 3,188-6-5, was directed to lie in court till such time as either the jenmi or the kanomdars filed a suit for determination of the question as to who effected that improvement. In the appeal, the jenmi contends that the amount awarded to him by the lower court is too low and that the kanomdars should have awarded only the proportionate kanom amount and the value of the trees.

(2.) This case was heard along with A. S. No. 793 of 1954 (M) in which also the question of apportionment of the compensation amount between the landlord and the tenant had come up for consideration. In paragraph 15 of the judgment in that case we have held as follows :

(3.) In the result, the decree of the lower court re set aside and the case is remanded to the lower court for a fresh disposal according to law and in the light of the observations made above after giving both parties another opportunity to adduce evidence. Parties will bear their respective costs incurred till now except the court fee paid on the memorandum of appeal and the memorandum of objections which will be refunded to their respective counsel.