SUBRAMANIAN NAMBOODIRI Vs. PURUSHOTHAMAN NAMBOODIRI

JUDGEMENT

(1.) The costs awarded by the preliminary decree have no connection whatever with the redemption of the mortgage involved in the suit. By the decree, provision has been made as to the price of redemption to be deposited by either party who may seek redemption of his share of the property. The price for redemption of that share can include only the proportionate mortgage amount and value of improvements, if any, and it cannot include the costs awarded by the decree. The lower court was wrong in directing deposit of such costs also as a condition precedent to the redemption.