SATTANATHASWAMY DEVASTHANAM Vs. ASSAN MOHAMMED

JUDGEMENT

(1.) : First claimant in O.P.No. 9/79 on the file of the Sub Court, Mayuram, is the appellant. Second claimant in the first respondent and petitioner therein is the second respondent herein. On the learned Judge holding that second claimant-tenant is entitled to one-fourth share in the enhanced compensation granted by Sub-Court, this appeal is preferred.

(2.) ON a reference at the instance of the first claimant under Sec.18 of the Land Acquisition Act, the Sub-Court held that the proper compensation payable for the lands could be Rs.125 instead of Rs.10.50 per cent fixed by Land Acquisition Officer in the award proceedings. First claimant had claimed a sum of Rs.200 per cent. The extent involved is 68 cents of wet lands in R.S.No. 74/2 in Vilanthidasamuthiram Village, which was acquired for the purpose of putting up a school building. The Sub Court has pointed out that admittedly the second claimant is the cultivating tenant of the entire acquired land for a period of 13 years and treated him as a statutory tenant.

(3.) IN so far as the first claimant is concerned, the enhanced compensation can be confined only to the three fourth share and no more. The enhanced compensation relating to one-fourth share of the second claimant which would have become payable if he had asked for a reference under Sec.18, cannot be paid over to the first claimant.