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Kunhammad Kutti Vs. Panchara Alleema and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.746; (1916)30MLJ203
AppellantKunhammad Kutti
RespondentPanchara Alleema and anr.
Cases ReferredVeluthemana v. Pathuma
Excerpt:
malabar compensation for tenants' improvements act (mad. i of 1900), sections 5, 6(3) and 20 re-valuation of improvements after decree but before execution. - 1. following the case of veluthemana v. pathuma 17 ind. cas. 131 we hold that neither section 15 nor section (3) of the improvements act allows a re-valuation of improvements, unless there have been additional improvements effected after the first valuation or there has been a change in the condition of the improvements.2. section 20 referred to by the district judge has no relevancy.3. the district judge's order is set aside and that of the munsif restored with costs of the defendants in this and the lower appellate court.
Judgment:

1. Following the case of Veluthemana v. Pathuma 17 Ind. Cas. 131 we hold that neither Section 15 nor Section (3) of the Improvements Act allows a re-valuation of improvements, unless there have been additional improvements effected after the first valuation or there has been a change in the condition of the improvements.

2. Section 20 referred to by the District Judge has no relevancy.

3. The District Judge's order is set aside and that of the Munsif restored with costs of the defendants in this and the lower Appellate Court.


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