VARKEY OUSEPH Vs. IYYO VARGHIS

JUDGEMENT

(1.) THE only point for decision is whether in view of the fact that the decree-holder obtained possession of the property, except the building, in 1950, the defendant is entitled to get the improvements made by him valued under Act XXIX of 1958. THE learned Munsiff held that the defendant having lost possession in execution of the decree which was set aside at any rate in respect of compensation for improvements, he was not entitled to this relief. THE 3rd defendant has therefore come up in revision.

(2.) THE order of the learned Munsiff cannot be supported. As a result of proceedings under Order IX R. 13, the question of compensation for improvements is at large and has to be tried. Act xxix of 1958 having come into force during the trial stage, the question has to be decided according to the provisions of the Act. That the defendant was in possession on the date of suit is not disputed. THE court has to determine the rights of the parties and the court cannot evade that responsibility by taking shelter under this interpretation of the word 'tenant'.