PHILIP Vs. EASO SAMUEL

JUDGEMENT

(1.) Landlord filed O. A. 41 of 1978 for fixing purchase price of one half of 85 cents of paddy land. The Land Tribunal allowed the Original Application and it has been confirmed by the Appellate Authority. The Land Tribunal fixed the fair rent as per the order in C. R. P. 216 of 1971.

(2.) In a case where the landlord has resumed one half of the property from the tenant he is entitled to claim from the tenant with respect to the half property remaining with him compensation as provided under S.72 BB of the Act. There is no bar to invoke S.72 BB in a case where the landlord has filed resumption petition and obtained half the property from the tenant. With regard to the property remaining with the tenant he is liable to pay compensation aa provided under S.72 BB of the Act. There is no provision in the Act which says that the landlord is not entitled to claim purchase price with respect to the non resumed portion of the property with the tenant. Contention that the landlord is not entitled to get any amount as purchase price with respect to that portion of property remaining with the tenant is not tenable.