MUTHULAKSHMI Vs. MUTHULAKSHMI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 21. 11. 2001 passed by the Third Additional District Munsif, Pondicherry in I. A. No. 2104 of 2001 in O. S. No. 626 of 1999, allowing the Application filed under Order 14 Rule 2 C. P. C to take up the issue of jurisdiction as the preliminary issue before going into other issues. The Plaintiff is the Revision Petitioner.

(2.) FOR disposal of this Revision, we may briefly refer to the relevant facts:-The dry land bearing S. No. 209/3-A having an extent of 6 Hectares 11 acres 32 cents situated in Pillaichavady and Kalapet Villages in Oulgaret Commune were acquired by the Government for the purpose of establishment of Central University Phase IV under Award No. 1/87 dated 25. 03. 1987. An amount of Rs. 2,56,990/0- was awarded as compensation for the lands acquired by the Government. The Land Acquisition Officer could not decide the rightful ownership of the acquired lands, ordered the compensation amount to be deposited in Civil Court under Sec. 31 (2) of the Land Acquisition Act. Reference was made under Sec. 30 of the Land Acquisition Act for deciding rightful ownership and appointment of the compensation amount. In L. A. O. P. No. 109 of 1987, learned Second Additional District Judge, Pondicherry held that Respondents 4 to 7 and 11 to 17 are the Rightful Owners and each of them are entitled for an amount of Rs. 4362. 85. The Balance amount of Rs. 2,08,999. 55 was ordered to be remained in the Civil Court Deposit until the ownership in respect of the remaining extent are decided since the other claimants have not proved their title by way of filing the documents or adducing any evidence.

(3.) MUTHULAKSHMI - 10th Respondent in L. A. O. P. No. 109 of 1987 has filed the Suit in O. S. No. 626 of 1997 for Declaration that the Plaintiff is entitled for the enhanced compensation. Case of the Plaintiff is that the Plaintiff purchased one kani 30 kuzhies and 2 vecsams under the Sale Deed dated 17. 09. 1973. The Plaintiff is entitled to that extent as absolute owner and that she is in possession of the same till it was acquired by the Government under the Land Acquisition Act. According to the Plaintiff, the 12th Defendant Revenue Officer cum Land Acquisition Officer has been arranging to pay the entire compensation amount to Defendants 1 to 11 totally ignoring the Plaintiffs right and interest. Further, according to the Plaintiff she had no notice of the proceedings initiated by the Defendants 12 and 13 for payment of compensation. Hence, the Plaintiff has filed the Suit for