PANCHAGNULA ASWARTHA NARAYANA Vs. EDARA VENKATA SUBBAIAH

JUDGEMENT

(1.) The office in its note has taken an objection to one appeal being filed against two decrees in O.P. Nos. 7 and 13 of 1964 on the file of the Estates Abolition Tribunal, Kurnool on the ground that there are two decrees necessitating the filing of two appeals. The learned Advocate, Sri Kanyakaprasad vehemently contends that only one appeal need be filed because the decision is only one though there may be two O.Ps., and in support of that contention he refers us to section 51 of the Estates Abolit'on Act which confers a right of appeal on a person deeming himself aggrieved by any decision of the Tribunal under sections 43 to 50. It is submitted that sections 43 to 50 of the said Act give him separate rights with respect to specific claims one of which is a claim for final compensation in which all other compensations namely whether advance compensation or otherwise, do get merged. The learned advocate, therefore, urges that a decision relating to the share in the compensation which alone has to be determined will embrace both additional and final compensation and thus there can only be one decree.

(2.) When the matter came up on the last occasion, We had requested the First Government Pleader to assist us, and accordingly Mr. Ramachandrareddy contends in support of the office note that two appeals ought to have been filed because the claims in respect of the additional compensation and the final compensation may vary depending upon some of the maintenance-holders surviving at the time when the final compensation inquiry is held "and determined. We think there is force in this contention because under section 42 (1) of the Estates Abol't'on Act every person claiming the compensation so deposited or any portion thereof, including the principal or any other landholder, members of his family claiming any port on of such compensation, whether by way of a share or by way of maintenance or otherwise., and creditors whether the debts are secured or not, shall apply to the Tribunal within six months from the date on which the amount was so deposited or within such further time as the tribunal may, in its discretion allow, sub-section (2) of section 42 of the said Act says that every claim against the compensation which is not made to the tribunal within the time aforesaid, shall cease to be enforceable.

(3.) Under section 54-A (4) the tribunal shall, after such enquiry relating to advance payment of compensation as it thinks fit, apportion the amount deposited in pursuance of the provisions of this section among the princ'pal landholder and other persons referred to in section 42, as far as possible in accordance with the value of their respective interests ; and the provisions of sections 42 to 46 (both inclusive 48, 49, 51, 52 and 53 shall apply mutatis mutandis in respect of the amount so deposited.