Certo Is this judgment real?
Beta, Supreme Court only. We check Supreme Court of India judgments only for now: a High Court citation reads "Not in our corpus", which never means it does not exist.

Supreme Court of India

STATE OF MADRAS versus REV. BROTHER JOSEPH

Decided
8 August 1973
Judges listed
KUTTYIL KURIEN MATHEW (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[1974] 1 S.C.R. 309 · 1973 INSC 134
Also cited as
  • AIR 1973 SC 2463 (6 citing judgments)
  • (1973) 2 SCC 504 (3 citing judgments)

Learned from how other judgments cite this one, in their text or in the official Supreme Court Reports' lists of cases they refer to: each is cited this way by at least two judgments, and at least twice as often as any other citation to this judgment in that report. We hold no commercial reporter's text, only these citation strings.

Cited by

Cited in 1 other Supreme Court judgment we hold.

Counted only in the Supreme Court judgments we hold whose text we could read, not in High Court judgments. We match each citation to a judgment automatically, so a citation we cannot match is not counted. "Cited" says only that a judgment refers to this one, not whether it followed, distinguished or overruled it.

The Court's text

Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.

Unnumbered paragraph

MATHEW, J. These two appeals, by certificate are directed against the judgment and decree of the High Court or' Madras in A.S. Nos. 63 and 78 of 1959 dated April 10, 1962.

p. 309, margin F

Unnumbered paragraph

The appellant, the Government of Maclr~.s, acquired 9 acres and 86 c~nrs _of "land in Tirunelveli District as it was needed for reserve area m Block III of Manimuthar Project. The notification under s. 4(1) of the Land Acquisition Act was published on Macch 7, 1956. . The area of the land with which we are concerned in this appeat is one acre and '59 cents comprised of 3 topes, of coconuts and oranges.

p. 309, margin F

Unnumbered paragraph

. The Land Acquisition ~llice!, by his awaql, gave a total compensa!Io~ of Rs. 28,?72-15-6 mclus1ve of solatium. The method adopted by h_1m for valumg. coconut and orange topes was to capitalize the net mcome from these topes at 20 years' purchase.

p. 309, margin G

Unnumbered paragraph

Dissatisfied with the award, the respondent moved for reference under s. 18 of the Land Acquisition Act and the case wa, referred to the Subordinate Judge, Tirunelveli.

p. 310, margin A

Unnumbered paragraph

The learned Subordinate Judge increased the estimated yield from the coconut and orange trees as well as the price of the yield but capitalized the net income at 20 years' purchase. Against this deci· sion, the State of Madras filed As. No. 63 of 1959, while the respondent filed A.S. No. 78 of 1959 claiming a further enhancement.

p. 310, margin A

Unnumbered paragraph

The High Court, by the common judgment under appeal, allowed the appeals in part and dismissed them in other respects. As regard;; the coconut and orange topes, the High Court held that capitalization of the net income at 20 years' purchase was a fair method for arriving at their market value.

p. 310, margin B

Unnumbered paragraph

In this appeal, the only point argued by counsel was the High Court went wrong in capitalizing the net income of the tapes at 20 years' purchase. Counsel relied on the decision of the Madras High Court in Shunmuga Velavuda Mudaliar and others v. Collector of Tanjore(') where it was held that the proper method to find out the market value of coconut garden would be to Capitalize the net income from the garden at 10 years' purchase and said that there was no reason for the High Court to depart from the principle there laid down.

p. 310, margin C

Unnumbered paragraph

It may be noted that no reason was given in that ruling why capitalization of the net income should be at l 0 years' purchase. All that the Court said was :

p. 310, margin C

Unnumbered paragraph

"In Rajammal v. Head Quarters Deputy Collector, Vellore (1914) 25 I.C. 393, a Bench of this Court estimated the value of a tope of trees at 20 years' annual rental; but those were mango trees which as stated by the learned Judges, are long lived and yield produce for a number of years.''

p. 310, margin E

Unnumbered paragraph

There was no discussion in the judgment of the principle on the basis of which such a mode of calculation was adopted.

p. 310, margin F

Unnumbered paragraph

In Kompalli Nageshwara Rao & Others v. Special Deputy Collector, Land Acquisition( the Court said that the. approved method for valuing orchards is to capitalize their net income at a number of years' purchase which has to be fixed with reference to the nature of the trees and other circumstances and capitalized the net income at 15 years' purchase for finding out the market value of the coconut garden and the orange orchard in question in that case. In Elias M. Cohen v. Secy. of State('), the net income from an orchard was capitalized at 15 years' purchase to find out its market value.

p. 310, margin F

Unnumbered paragraph

In this case, the Land Acquisition Officer found in his award that all the fruit bearing trees will yield for more th,an 20 years. That was (I) A.l.R. 1926 Mad. 945 (2). (2) A.I.R. 1959 A.P. 52 at 61. (3) 43 Ind. Cas 17(2): A.I.R. 1918 Pat. 625(2)

p. 310, margin G

Unnumbered paragraph

the reason which wcighcJ with him lo capitalize the net income of these lopes at 20 years' pw·chasc to find out their market value. We do not think that the lc:1rncd Subordinate Judge and the High Court went wrong in accepting this estimate of the avera/ll) yielding life of coconut and orange trees. Therefore, we do not think that the capitalization of the net yield from these topcs at 20 years' purchase was not a fair method to arrive :1t market value of these lopes. We arc not satisfied that the method of valuation adopted for finding out the market value of the topcs was. in the circumstances, in any way unreasonable.

p. 311

Unnumbered paragraph

The appeals fail and they arc dismissed with co,.s. V.P.S.

p. 311

Unnumbered paragraph

Appeals dismissed.

p. 311