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Chowakaran Makki and ors. Vs. Vayyaprath Kunhi Kutti All and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad173
AppellantChowakaran Makki and ors.
RespondentVayyaprath Kunhi Kutti All and ors.
Cases ReferredMahadevi v. Neelamani I.L.
Excerpt:
land acquisition act i of 1894 - parties bound by decision as to right to claim compensation in proceedings under--res judicata. - - 269 is perfectly consistent with this view inasmuch as the question there was not with reference to the compensation which had been the subject of decision in proceedings under the land acquisition act, but in respect of other property though the title thereto was the same as the title to the compensation......to the compensation which formed the subject of decision in a previous proceeding under the land acquisition act held on a reference made by the collector owing to disputes between the persons entitled to receive it. it was then held that the compensation was payable to the forward represented by the respondents. that decision is as held by the district judge binding on the parties here as they were all parties thereto. that an adjudication as to the right of persons claiming the compensation in accordance with the provisions of the land acquisition act (x of 1870) concluded the question between the same parties was decided by the judicial committee. there is nothing in the provisions of the present land acquisition act (i of 1894) to warrant its being held differently in regard.....
Judgment:

1. The question here is with reference to the compensation which formed the subject of decision in a previous proceeding under the Land Acquisition Act held on a reference made by the Collector owing to disputes between the persons entitled to receive it. It was then held that the compensation was payable to the forward represented by the respondents. That decision is as held by the District Judge binding on the parties here as they were all parties thereto. That an adjudication as to the right of persons claiming the compensation in accordance with the provisions of the Land Acquisition Act (X of 1870) concluded the question between the same parties was decided by the judicial committee. There is nothing in the provisions of the present Land Acquisition Act (I of 1894) to warrant its being held differently in regard to similar adjudications made under the Act. The case Mahadevi v. Neelamani I.L.R Mad. 269 is perfectly consistent with this view inasmuch as the question there was not with reference to the compensation which had been the subject of decision in proceedings under the Land Acquisition Act, but in respect of other property though the title thereto was the same as the title to the compensation.

2. We dismiss the appeal with costs.


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