High CourtsDivision Bench(1905) 09 MAD CK 0005

Chowakaran Makki and Others vs Vayyaprath Kunhi Kutti All and Others

Madras High Court · Decided on 12 September 1905 · Citation: (1906) ILR (Mad) 173

HON’BLE JUDGES
S. Subrahmania Ayyar, O.C.J. · Boddam, J

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Judgment

10 paragraphs · 213 words
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.