APPRAIM Vs. NARAYANAN KARTHAVU

JUDGEMENT

(1.) In this Second Appeal, Mr. T. S. Venkiteswara Iyer, learned counsel for the appellant who was the mortgagee defendant in the suit, attacks the orders of the two subordinate courts passed in execution of the redemption decree negativing the right of the appellant to get either redelivery of the property or for recovery of mesne profits from the plaintiff decree holder.

(2.) The question arises in the following manner. The respondent plaintiff admittedly obtained a decree in redemption of a mortgage as against the appellant on 11-5-48. The decree also directed that the mortgagee is to pay the plaintiff therein the mortgage amount and value of improvements. On 26-5-1948 the mortgage amount of Rs. 658-12-0 and also the value of improvements fixed in the sum of Rs. 1838-8-0 were deposited by the respondent and those amounts were also withdrawn by the appellant on 5-4-1949. In the meanwhile, the plaintiff mortgagor in execution of the decree obtained by him for redemption actually took delivery of the properties from the appellant.

(3.) The appellant, after delivering possession of the property and also after withdrawing the mortgage amount and the value of improvements awarded to him under the decree of the Trial Court, agitated his claim for getting higher value of improvements in A.S. 265/23. In the appellate decree dated 25-3-1950 the appellant got a further increase in the sum of Rs. 208 as and for value of improvements. The appellant still not satisfied with the increase made by the appellate court regarding the value of improvements made a further claim before the Travancore - Cochin High Court in S. A. 629 of 1950. The Travancore - Cochin High Court by its judgment dated 18-8-1954 and rendered in the above Second Appeal made a further increase in favour of the appellant in the claim for compensation in the sum of Rs. 442. That means he got an increase of Rs. 208 from the lower appellate court and a further increase of Rs. 442 from the High Court.