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Eressa Menon Vs. Shamu Patter and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad138
AppellantEressa Menon
RespondentShamu Patter and anr.
Cases ReferredAchilla v. Kali I.L.R.
Excerpt:
malabar tenants' right to compensation for improvements - compensation for improvements and arrears of rent set off. - 1. so far as the right to the value of improvements goes, there is no distinction between a tenant under 'kanom' and under 'verurnpattom.' as pointed out in achilla v. kali i.l.r. 7 mad. 545 the right. to receive such compensation becomes perfected only at the time of eviction, and subject to the customary incidents attending to the tenure. consequently the right of the landlord to set off against the value of the improvements any rent due to him under the lease must prevail against any alienation made by the tenant of his right to compensation when it is in an inchoate state.2. the second appeal therefore fails, and it is dismissed with costs.
Judgment:

1. So far as the right to the value of improvements goes, there is no distinction between a tenant under 'kanom' and under 'verurnpattom.' As pointed out in Achilla v. Kali I.L.R. 7 Mad. 545 the right. to receive such compensation becomes perfected only at the time of eviction, and subject to the customary incidents attending to the tenure. Consequently the right of the landlord to set off against the value of the improvements any rent due to him under the lease must prevail against any alienation made by the tenant of his right to compensation when it is in an inchoate state.

2. The second appeal therefore fails, and it is dismissed with costs.


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