CHEVALIER I I IYYAPPAN Vs. DHARMODAYAM CO TRICHUR

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the High Court to Travancore Cochin modifying the decree of the District Judge, Trichur. The appellant was defendant No. 1 in his personal capacity and defendant No. 2 in the capacity of a trustee of a trust. Defendant No. 5 was a tenant of the building which is the subject-matter of dispute between the parties, defendant No. 10 was its successors-in interest and the present respondent was the plaintiff in the suit.

(2.) The suit out of which this appeal has arisen was filed in the Court of the District Judge, Trichur, on October 31, 1945. The suit was for possession of properties described in schedules A and B and for damages and mesne profits with interest. The defence was that the appellant was not liable to restore possession on the basis of a document Exhibit X which was a deed of trust executed by the appellant creating a trust and constituting himself the trustee of the trust. The 5th defendant claimed Rs. 20,000 and Rs. 1,019 as value of improvements and extensions made on the building. A large number of issues were framed by the trial Court and it passed a decree of which the most important part was as follows:

(3.) Against this decree three appeals were filed one by the appellant, the other by the 10th defendant and the third by the plaintiff-respondent. The High Court in appeal modified the decree of the trial Court and held that the only claim which the appellant could put forward was for compensation for the structure he had erected. The amount of compensation was Rs. 46,686-2-0. The High Court also held that the respondent was entitled to recover mesne profits as against the appellant at the rate of Rs. 88 per annum till the recovery of property mentioned in schedule A and at the rate on Rs. 1,500 per annum in regard to schedule B buildings. It is against this decree that the appellant has come in appeal to this court by special leave