SKARIA Vs. ACKAMMAL VARGHESE

JUDGEMENT

(1.) This appeal has arisen out of a claim for additional compensation for improvements under S.5(3) of the Kerala Compensation for Tenants' Improvements Act, XXIX of 1958, made in a proceeding under S.11 of the Kerala Agriculturists Debt Relief Act, XXXI of 1953. On an application under S.11 of the latter Act the Subordinate Judge has, on December 23, 1960, allowed the mortgagor "to take delivery of the properties through court" on his depositing Rs. 12,125 as one half of the mortgage amount and Rs. 14,149-27 nP. as compensation for the mortgagee's improvements on the properties. The mortgagee appealed to this court in A. S. No. 51 of 1961 against the fixation of the compensation; and here the parties came to a settlement by which the value of improvements was fixed at Rs. 4000/- above the sum found by the court below and the mortgagor relinquished all his claims in the area, if any, in excess of 3.95 acres in item No. 3 of the mortgaged properties. When the mortgagor proceeded to take delivery of the properties through court, the appellant mortgagee claimed additional compensation for improvements made on the property after the commissioner's visit thereto to assess improvements, and that claim has been disallowed by the Court below. Hence this appeal.

(2.) The material question here is whether, in a proceeding in redemption under S.11 of the Kerala Agriculturists' Debt Relief Act, the mortgagee is entitled to claim benefit of S.5(3) of the Kerala Compensation for Tenants Improvements Act. S.11 of the Debt Relief Act, as amended by Act II of 1961 with retrospective effect from the very commencement of the main Act, reads:

(3.) Now to turn to S.5 of the Kerala Compensation for Tenants' Improvements Act, XXIX of 1958, it reads thus: