K.J. SANTHOSHJI Vs. G. NALINAKSHAN

JUDGEMENT

(1.) THE court below has by the order impugned refused to depute an Advocate Commissioner to assess the value of improvements under the Kerala Compensation for Tenants Improvements Act, 1958. The court below has taken note of the fact that the plea of tenancy raised by the petitioners under the Kerala Land Reforms Act was found against in the earlier suit filed for injunction by the respondents. The decree for a permanent prohibitory injunction therein was confirmed in S.A No.608/1995 and affirmed by the Supreme court even. The question whether the plea of tenancy under Act 29 of 1958 referred to above is tenable in the light of Explanation IV to Section 11 of the Code of Civil Procedure is a larger question to be decided in the suit. It is therefore unnecessary for the court below to depute an Advocate Commissioner at this stage when the plea of tenancy under Act 29 of 1958 is yet to be upheld. The suit is of the year 1985 and every endeavour shall be made to expedite the trial as early as possible under the circumstances.

(2.) IT is however open to the execution court to depute an Advocate Commissioner to assess the value of improvements under Act 29 of 1958 in case the plea of tenancy under the said Act is eventually upheld. The order of the court below is affirmed subject to the above observation. The Original Petition (Civil) is disposed of as above.