FRANCIS Vs. OUSEPH

JUDGEMENT

(1.) O.S. No. 466 of 1123 of the Court of the District Munsiff, Cochin, was a suit for eviction of the defendants from an item of property described in the plaint schedule. The learned District Munsiff decreed eviction without compensation for improvements effected and in A. S. No. 36 of 1125 the learned Additional District Judge of Anjikaimal reversed the decision regarding improvements and directed as follows:-

(2.) The successful appellants before the District Court were the successors in interest to one Cheeku who had a usufructuary mortgage of the property under Ext. 1. The amount advanced under Ext. 1 by the deceased Cheeku was Rs. 400/- and the lower court in M. P. No. 1665 of 1951, an application by the respondent for a review of the decision in A.S. No. 36 of 1125, came to the conclusion that the value of improvements which the appellants were entitled to get should not exceed the Rs. 400/- advanced under Ext. 1 and modified the decretal portion of his original judgment as follows:-

(3.) There was no justification for restricting the value of improvements payable to the successors in interest of the usufructuary mortgagee to the amount advanced under the usufructuary mortgage. The whole amount should have been directed to be paid to them as was originally done, the claims of the mortgagor being purely a matter for adjustment between himself and the appellants. There was no sufficient ground for review and the lower court was clearly in error in not rejecting M. P. No. 1665 of 1951.