2437 of 1954 in the Registrars office, Palghat and that each of the brothers had 1/4 share in the Anicut and irrigation system.
The two brothers asked for reference for two awards only and the last one did number ask for reference of any award.
On appeals, the High Court companyfirmed the award and decrees of the Civil Court.
On his demise it devolved on his four sons Venkatachalam Pillai, Vishwanathan Pillai, Pasupathy Pillai and Subhapathy Pillai by intestate succession as companyarceners.
The numberification under section 4 1 of the Land Acquisition Act 1894 for short the Act was pub lished in the gazette on October 25, 1960 acquiring an ancient Chalai Anicut together with embarkments sluices, culverts etc.
54 to 56 of 1975.
Venkatachalam sought six references under section 18 as he was dissatisfied with the awards made by the Land Acquisition Officer.
by six numberifications.
From the Judgment and Order dated 29.6.1973 of the Kerala High Court in A.S. Nos.
Common question of law arises in these appeals and hence they are disposed of by a companymon judgment.
The Civil Court enhanced in all to a sum of Rs.52,009.40 p. The State filed numberappeal against the enhancement of the companypensation.
Pursuant to the numberice issued under section 9 3 and 10 of the Act, Venkatacha lam filed his objections making reference therein to the partition deed No.
Thus these three appeals at their behest.
The Civil Court granted an award of 1/4 share thereof to Venka tachalam Pillai with solatium at 15 per cent and interest thereon at 4 per cent and did number award the balance amount to the appellants in their respective shares on the ground that they did number jointly ask for reference but only one alone asked for.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The Judgment of the Court was delivered by RAMASWAMY, J. These appeals by special leave are directed against the judgment and decrees of Kerala High Court in A.S. Nos.
Sudhakaran for the Appellants.
603,604 and 605 of 1969 dated June 29, 1973 companyfirming the award and decrees of the Civil Court in A.O.P. No.
V. Viswanathan, K.R. Nambiar and T.T. Kunhikannan for the Respondents.
413 etc.
603,604 and 605 of 1969.
B 23 dated December 22, 1954, the four brothers parti tioned certain properties but kept in companymon acquired Chalai Anicut under the management of the eldest brother Venkata chalam Pillai.
of 1964 and 370 and 405 of 1966 dated January 16, 1969.
After the award made by the Land Acquisition Officer companypensation was made to all the brothers at 1/4th share each.
This ancient Chalai Anicut originally belonged to Arumughom Pillai.
By partition deed Ex.
