State Of Kerala vs Devaky on 25 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 360 of 2009(D)


1. STATE OF KERALA
                      ...  Petitioner
2. THE EXECUTIVE ENGINEER,

                        Vs



1. DEVAKY,
                       ...       Respondent

2. JALAJA, W/O. RAVEENDRAN,

3. K.K.BABY W/O. SASI,

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :25/03/2009

 O R D E R
          PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                      L.A.A.No.360 OF 2009
                      ------------------------

             Dated this the 25th day of March, 2009

                            JUDGMENT

Pius C.Kuriakose, J.

Even though Sri.Basant Balaji, learned senior Government

Pleader, has addressed us very strenuously, having gone

through the impugned judgment, we find that the findings

entered therein regarding the market value of the property are

reasonable findings which are based on evidence. Of course,

there is some force in the submission of the learned Government

Pleader that the Subordinate Judge has granted 30%

enhancement towards value of the buildings, without any

acceptable materials to support the same. After all what has

been granted on that count is below Rs.9,000/- and we are not

inclined to interfere with that also.

The appeal will stand dismissed in limine.

PIUS.C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM, JUDGE
dpk