CHERIAN MATHAI Vs. NARAYANA PILLAI

JUDGEMENT

(1.) These Second Appeals were referred to a Full Bench by a common order dated 19-2-1958. The first question for determination is whether a tenant is entitled to be in possession until he is paid not only the amount of compensation embodied in the decree as originally passed but also the compensation granted under sub-s.(3) of S.5 of the Kerala Compensation for Tenants Improvements Act, 1958.

(2.) Sub-s.(1) of S.4 of the Act (omitting the provisos thereto) provides:

(3.) In 1954 KLT 518 a Division Bench of the Travancore-Cochin High Court dealt with the question as follows: