KUNJ ISHNAN Vs. VASUDEVAN NAMBOORI

JUDGEMENT

(1.) A decree for redemption had been passed and while it was pending execution, the decree holder claimed possession because of wilful waste committed by the judgment debtor. The Courts below have ordered the judgment debtor to surrender possession of the property in spite of the provision of the Holdings Stay of Execution Proceedings Act. The findings is concurrent that wilful waste had been committed and so there is no ground in support of the appellant's case. It was argued that even if the tenant removed some of the improvements effected by him, his act will not amount to wilful waste and reliance was placed on 1953 KLT 667 . I regret that I cannot agree with that decision for it ignores the rights of the landlord. The custom in the Travancore area is that the tenant who effects improvements over the landlord's property will generally get only three fourths of the value thereof and the remaining one fourth will be the property of the landlord. Being so the tenant after making use of the landlord's property to plant trees, will have no right to remove the same without the landlord's consent. This practice prevalent in the Travancore area could not have been brought to the notice of Subramonia Aiyar, J. who had decided the above reported case. The removal of the mango trees even if they were planted by the tenant will amount to waste. The orders passed by the Courts below are correct and this appeal is dismissed with costs.