VEERASIKKU GOUNDER Vs. KORAH KURIAN

JUDGEMENT

(1.) The additional 2nd plaintiff in OS 92/1116 on the file of the Kottayam District Court is the appellant. The final decree in that suit was passed by the High Court. Plaint items 2 to 5 & 9 to 11 were in the possession of defendants 17 to 24 on the strength of two sale deeds, Exts. B & E. By the final decree passed in the suit, both these sale deeds were set aside and the 2nd plaintiff was allowed to recover possession of these items from defendants 17 to 24 with mesne profits from 7-11-1118 onwards and on payment to the defendants the value of improvements, if any, effected by them subsequent to the date of the sale deeds. The value of such improvements as also the quantum of mesne profits were directed to be determined in execution.

(2.) Even though detailed objections have been raised to the method adopted by the Commissioner in assessing the value of improvements under the various items and in fixing the quantum of mesne profits, the main point urged by the counsel for the appellant is that a fresh assessment of the value of improvements has become necessary in view of the coming into force of the Kerala Compensation for Tenants Improvements Act, 1958 (Act XXIX of 1958). This Act came into force during the pendency of the present appeal and before the value of improvements payable to defendants 17 to 24 has been finally determined. Such final determination is to be made in accordance with the new law which has in the meanwhile come into force. The decision in Kunjukrishnan v. Krishna Pillai ( 1958 KLT 645 ) is in support of this view. If defendants 17 to 24 are entitled to the benefits of the new Act (Act XXIX of 1958), the value of improvements due to them has to be assessed afresh in accordance with the provisions of that Act.

(3.) The preamble to Act XXIX of 1958 states that payment of compensation for improvements made by tenants in the State of Kerala has to be in accordance with the provisions of the Act. For the purpose of the Act, the expression 'tenant' has been defined in a very comprehensive manner. This definition as contained in clause (d) of S.2 is as follows: