R. THANGARAJA PANDIAN Vs. VEERARAGHAVA IYENGAR

JUDGEMENT

(1.) THE estate of Panayur in Tirunelveli district was notified and taken over by Government under the provisions of the Estate Abolition Act XXVI of 1948, and advance compensation therefore totalling Rs. 14,940 was deposited with the Estates Abolition Tribunal, Madurai. Thereafter the respondent before us made a claim under Section 42 for the payment to him of a sum of Rs. 5,383 -10 -0 out of the amount thus deposited. This claim has been upheld in part by the Tribunal, which has directed payment to the respondent of Rs. 945 -7 -2 to be made, and it is this decision of the Tribunal whose correctness is challenged in this appeal by the proprietor, the " principal landholder " of the estate.

(2.) THE claim of the respondent preferred under Section 42 numbered as O.P. No. 571 of 1952 was based on these facts.

(3.) THE respondent claimed that there had been arrears in the payment of his share out of the 26 kottahs, etc., of paddy between Faslis 1351 to 1359, and made a claim for a sum of Rs. 1,769 -9 -0 as representing these arrears. The value of the future payments was computed at Rs. 3,614 -10 -0 that was claimed in the application under Section 42.