IN THE HIGH COURT .OF THE STATE OF. 'J'RAVANCORE-COCHIN AT ERNAKTJLAM. P.resent:- The Hon'Ble Shri K.T. Koshi, Chief' Justice and The Hon•ble Sh.ri N.Va.radaraja Iyengar, Judge. A.S. No. 49 of 1954. In the Court of the District Judge, Trichur, L.A.Case 30/1124. Appellant:- Petitioner in the court below• • varied,_son of Kaliankara varied, Chiyyaram Village, Chiyyaram t Pe DeSom, Trichur Taluk. By Advocates Shri T.S. Venkiteswara Iyer and Shri c.s . Ananthakri shna Iyer .. Respondent:- The Chief Secretary to the Government of Travancore-Cochin, Trivandrum. By 'Government Pleader Shri C.M. Kuruvila. This Appeal Suit having been finally heard on 8-12-1955, this court on the same day delivered the following:- JUDGMENT. Of the three heads under which enhancement is claimed we are inclined· to think that the value awarded for the bigge.r building is not adequate. It was a new construction and according to the appel- lant it was fetching a rent of Rs. 10/- per month. Evidence let in by the state shows that the value w~s fixed by estimating the cost of building mate.rials at 150% above the schedule rates. It ·is common knowledge that in 1123 the usual rate was 200 to 300 above the schedul rates. We accordingly hold that the value of that ·u:bli building· should be fixed on the basis that on the date of the relevent notifi- cation the value of building materials was at least 200% above the scheduled rates. On that footing the appellant is entitled to get Rs. 130-10-8 more for the bigger building and we award that amount ~ . also to him together with the usual solatium of 15% thereon and inter- est on the aggregate of the two at 6% per annum f.rom the date of dispossession. The claim for enhancement in .respect of other items, namely, the; smaller building, the wells and trees is unsustainable. ·) . Order. acco.rdingly. Sa/- K.". Koshi, C.J., ' # Sd/-- N. vara.daraja Iyengar, J. ' The appellant will pay the state one-half of their costs BB in tl;l1s_ coutt and bea.r his _Qwn.\,· The State has p.refe.r.red a memo of. objec-- , .... ·. - i •••_,? . ·_ - I: tions· regarding the disallowed portion of their costs. We see no· reas·on to interfere .in tbat~-i-espeet and dismiss the memo, but without costs. ( 8-12-1955. (~rue Copy) • AR/'7=2-56. ,,- . Dy. Registrar, · · · fo.r Registrar. A.S. NO• 49 or 1954. Copy of Judgroont.