KUNHIKUTTY AMMA Vs. NARAYANA MENON

JUDGEMENT

(1.) This is a matter arising in execution) Defendants 1 and 2 are the appellants. The decree allowed defendants 1 and 2 to draw the mortgage money that had already been deposited in court, and directed the plaintiff to recover possession of the mortgaged properties with mesne profits at the rate of 140 paras of paddy and the puravaka dues stipulated in the mortgage deed. Before the properties were recovered in execution Proclamation VI of 1124 came into force. Thereafter the decree holder applied for execution of the decree in respect of mesne profits. Objection was taken that as per the provisions of the Act the decree holder can recover only the rent stipulated in the document. The execution court upheld the objection. The lower appellate court reversed the order and allowed the decree holder to execute the decree for the entire mesne profits allowed.

(2.) Under the mortgage deed out of the total the pattom of 140 paras of paddy per annum was allowed to be appropriated towards the interest for the mortgage money of Rs. 200/- and the balance was stipulated to be paid as Michavaram. The decree allowed the entire amount of 140 paras of paddy as mesne profits from the date of the decree till recovery of the properties

(3.) S.4 of Proclamation VI of 1124 provides: