K.KRISHNAN NAIR Vs. YAMUNA

JUDGEMENT

(1.) EXHIBIT P4, order dated 31.10.2012 on E.A. No.183 of 2012 in E.P. No.27 of 2012 in O.S. No.284 of 1992 of Munsiff's Court, Kasargod is under challenge.

(2.) RESPONDENT has obtained a decree declaring that cancellation deed executed by the 1st defendant, her husband is void and for recovery of possession of property from the 1st defendant and petitioners. Petitioners challenged that judgment and decree in A.S. No.192 of 1996 in the Sub Court, Kasargod. Learned Sub Judge while confirming the declaration and recovery of possession, allowed petitioners to realize Rs.34,850.00 by way of value of improvements as if they are bona fide purchasers of the property from the 1st respondent and entitled to value of improvements under Section 51 of the Transfer of Property Act (for short, "the T.P. Act"). Respondent challenged that decree in S.A. No.132 of 1999 in this Court. This Court modified value of improvements as Rs.23,350.00.

(3.) LEARNED counsel contended that under Section 5 of the Kerala Compensation for Tenants' Improvements Act, 1958 (for short, "the Act") and/or under Sec.51 of the T.P. Act, petitioners are entitled to get the value of improvements effected after inspection by the Advocate Commissioner. According to the learned counsel, though the executing court has entered a finding that claim of petitioners fall under the Act, it has declined to allow E.A. No.183 of 2012 on improper grounds. Learned counsel has placed reliance on the decision in Cherian Mathai v. Narayana Pillai (1960 KLT 1192).