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Palakal Raman Menon and anr. Vs. Valia Chembashith Imoth Karnavan and Manager, Krishna Nambudripad - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.889a
AppellantPalakal Raman Menon and anr.
RespondentValia Chembashith Imoth Karnavan and Manager, Krishna Nambudripad
Excerpt:
malabar compensation for tenants improvements act (mad i of 1900), sections 5, 6 - kanom mortgage-suit or redemption--right of mortgagee to possession till ouster by execution--claim for mesne profits from date of suit. - 1. the relation of mortgagor and mortgagee continues until redemption. though the-mortgage amount had been discharged by the arrears of rent, the plaintiff was bound to pay the value of improvements. and until ejectment in execution of a decree, the mortgagee is entitled to be in possession on the same terms as before: sections 5 and 6 of madras act i of 1900. the plaintiff cannot, therefore, claim mesne profits from the date of suit. we modify the decree of the lower appellate court as regards mesne profits and direct instead the payment of 60 paras of paddy and rs. 5-8-0 per annum from 1082 till redemption. the decree of the court below is otherwise confirmed. the appellant is entitled to the costs of this appeal.
Judgment:

1. The relation of mortgagor and mortgagee continues until redemption. Though the-mortgage amount had been discharged by the arrears of rent, the plaintiff was bound to pay the value of improvements. And until ejectment in execution of a decree, the mortgagee is entitled to be in possession on the same terms as before: Sections 5 and 6 of Madras Act I of 1900. The plaintiff cannot, therefore, claim mesne profits from the date of suit. We modify the decree of the lower appellate Court as regards mesne profits and direct instead the payment of 60 paras of paddy and Rs. 5-8-0 per annum from 1082 till redemption. The decree of the Court below is otherwise confirmed. The appellant is entitled to the costs of this appeal.


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