Pudiya Kovilakath Kuttuni Thamburan and Others vs Kuth Valia Thamburatti and Another

The Subordinate Judge has not disposed of the reference correctly u/s 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.