Chitambaresh, J.
The plaint schedule property was admittedly included in Ext.B8 Notification issued under the Land Acquisition Act then in force. It is not clear from the evidence on record as to whether any award was passed under the Land Acquisition Act in respect of the property. But the fact remains that the property is now under the control and domain of the first defendant as part of the International Stadium at Kaloor. The plaintiffs who are said to be the co-owners of the property are free to move the appropriate authorities for compensation or for alternate land if any offered by the first defendant.
2. There is no necessity therefore to consider the question of partibility of the plaint schedule property or their entitlement for the compensation under the Land Acquisition Act. The court below has found that the plaintiffs have received a sum of `5,000/- as advance on A.S. No.461 of 1999 -: 2 :- the date of Ext.B1 agreement followed by another sum of `50,000/- later. The receipt of the said amount of `50,000/- is reflected by the endorsement dated 1/12/1989 on Ext.B1 agreement.
3. The plaintiffs are willing to pay back the said amount of `55,000/- to the second defendant even though the second defendant has not filed a suit for the same. The second defendant is also willing to receive the said amount of `55,000/- from the plaintiffs in full and final settlement. A consent decree is accordingly passed empowering the second defendant to receive a sum of `55,000/- from the plaintiffs. The said amount will carry interest at the rate of 6% per annum from today till the date of realisation.
4. We are not interfering with the decree of the court below in other respects.
This Appeal Suit and the Cross Appeal are disposed of accordingly. No costs.
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(V. CHITAMBARESH, JUDGE) Sd/-