IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 LA.App..No. 77 of 2006(D) ------------------------- LAR.105/2002 of SUB COURT, CHERTHALA .................... APPELLANT(S): CLAIMANTS: ------------------------ 1. KUNJICHIRIYAMMA DEVAYANI AMMA, KAITHATHUTHARAYIL, PALLIPURAM. (NO MORE). 2. PARAMESHWARA PANICKER, MURINGATHARATHU HOUSE, PALLIPURAM MURI, PALLIPURAM VILLAGE. BY ADV. SRI.D.PREM KAMATH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA RESPONDENT IS IMPLEADED AS ADDL. RESPONDENT VIDE ORDER DATED 22.8.2007 IN IA 2727 OF 2007 GOVERNMENT PLEADER SRI. P.K. BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- L. A. A. No. 77 OF 2006 -------------------------------------------- Dated this the 7th day of October, 2009 JUDGMENT Ramachandran Nair, J. The question raised in the appeal filed by the second appellant, who is the second son of the deceased first appellant, is whether the property in respect of which compensation amount stands deposited in court after acquisition is the share bequeathed to him under the Will executed by his deceased mother. While the learned Sub Judge held that the property is not covered by the Will, counsel for the second appellant submitted that it is on account of mis-reading of the Will by the learned Sub Judge and the property is in fact bequeathed in favour of the second appellant entitling him to get full compensation. In fact there is a specific provision in the Will that the compensation amount and the said property will go to the second appellant. There is no dispute that second appellant is the person covered by the Will along with others and he is none other than the son of the deceased owner of the property. All what is required to be proved is that the Will is genuine which will be evident from the fact that other legatees have got their share of property in accordance with the Will. In fact, if they have 2 got mutation done for the said property before the Village authorities, then it is obvious that second appellant's claim under the Will is conceded by them. In the circumstances, we allow the appeal by setting aside the order of the Sub Court and restore the matter to the said Court with direction to the second appellant to produce a certificate from the Village Officer about the mutation and ownership, possession and enjoyment of the other properties held by other two legal heirs of the deceased first appellant. If the second appellant produces such certificate then without any further proof, the Sub Court will release the deposited compensation amount to the second appellant in terms of the Award. However, if the second appellant does not produce such evidence the Sub Court will decide the matter after second appellant impleads the other legal heirs of the deceased first appellant . In any case, there will be direction to the Sub Court to finally settle the matter within three months from the date of production of a copy of this judgment. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3