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Karuthedath Pulakkat Manakkal Neelakandhan Nambudri, Uralan of Thirunarayanapuram Devaswom Vs. Vasudevan Nambudri, Karunawan and Manager and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in73Ind.Cas.1041; (1923)45MLJ323
AppellantKaruthedath Pulakkat Manakkal Neelakandhan Nambudri, Uralan of Thirunarayanapuram Devaswom
RespondentVasudevan Nambudri, Karunawan and Manager and anr.
Cases Referred and Sankaran Nambudripad v. Sankaran Nair I.L.R.
Excerpt:
- - ) interest at a sufficient rate may be substituted for the profits which the person in possession under a mortgage decree which was subsequently varied, enjoyed during the period between his execution of the first court's decree and his giving notice that he had deposited the additional amount......nair i.l.r. (1921) m. 961; but under section 144 of the code of civil procedure they were entitled to interest or other compensation consequential on the variation of the first court's decree.3. we set aside the subordinate judge's order of remand and direct that the petitioners do recover interest on the additional compensation amount awarded at 12 per cent, from 4th april, 1919 when plaintiff took delivery till 1st march, 1920 when the defendants became aware that the amount had been deposited. each party will bear their own costs in these restitution proceedings in the lower courts. in this court appellant will get his costs.
Judgment:

1. Following the observations of the Privy Council in the case quoted by the lower appellate Court, Lala Kalyan Das v. Sheikh Maqbul Ahmad (1917) 35 M.L.J. 169 (P.C.) interest at a sufficient rate may be substituted for the profits which the person in possession under a mortgage decree which was subsequently varied, enjoyed during the period between his execution of the first Court's decree and his giving notice that he had deposited the additional amount.

2. It was unnecesary to remand this case for ascertainment of the mesne profits. The defendants were not entitled to recover possession merely because the amount of compensation for improvements was increased vide Manian v. Kuthiravattath Raman : AIR1921Mad609 and Sankaran Nambudripad v. Sankaran Nair I.L.R. (1921) M. 961; but under Section 144 of the Code of Civil Procedure they were entitled to interest or other compensation consequential on the variation of the first Court's decree.

3. We set aside the Subordinate Judge's order of remand and direct that the petitioners do recover interest on the additional compensation amount awarded at 12 per cent, from 4th April, 1919 when plaintiff took delivery till 1st March, 1920 when the defendants became aware that the amount had been deposited. Each party will bear their own costs in these restitution proceedings in the lower Courts. In this Court appellant will get his costs.


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