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Pudiya Kovilakath Kuttuni Thamburan and ors. Vs. Kuth Valia Thamburatti and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.480
AppellantPudiya Kovilakath Kuttuni Thamburan and ors.
RespondentKuth Valia Thamburatti and anr.
Excerpt:
land acquisition act (i of 1894), section 30 - acquisition of land demised on kanom--principle of appropriation between jenmie and kanomdar. - .....to the kanomdar in his capacity of lessee in respect of partial deprivation of possession he has sustained. in so doing allowance must be made for the fact that he is entitled to a proportionate reduction of rent in respect of this partial deprivation. deducting the amount payable to the kanomdar as lessee, the balance represents the jenmies interest as lessor. this is mortgaged under the kanom to the kanomdar, who is, therefore, entitled to have the balance applied in the first place in satisfaction of the kanom amount as it represents the part of the security mortgaged to him. the case must go back for disposal according to law. costs to abide.
Judgment:

1. The Subordinate Judge has not disposed of the reference correctly under Section 11 of the Land Acquisition Act. The compensation has to be apportioned among the persons known or believed to be interested in the land. As the kanom partakes of the character of a lease and a mortgage, the kanomdar has the two-fold interest of lessee and mortgagee and is entitled to compensation in respect of both interests. Where as here a part of the demised premises are acquired under the Act the most convenient course appears to be in the first place to assess the amount of compensation, if any, payable to the kanomdar in his capacity of lessee in respect of partial deprivation of possession he has sustained. In so doing allowance must be made for the fact that he is entitled to a proportionate reduction of rent in respect of this partial deprivation. Deducting the amount payable to the kanomdar as lessee, the balance represents the jenmies interest as lessor. This is mortgaged under the kanom to the kanomdar, who is, therefore, entitled to have the balance applied in the first place in satisfaction of the kanom amount as it represents the part of the security mortgaged to him. The case must go back for disposal according to law. Costs to abide.


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