AMMALUKUTTY AMMA Vs. VASUDEVAN NAIRA

JUDGEMENT

(1.) THIS is a petition by the appellant to review the judgment in the second appeal. The second appeal was dismissed on two grounds. One is that the appellant is not entitled to revaluation of the building for which compensation was determined before the decree because of S. 5 (3) of the kerala Compensation for Tenants Improvements Act, 1958 (Act 29 of 1958) and the second ground is that the appellant is not entitled to fixity of tenure.

(2.) THE ground for the review petition is that the view taken by this Court on the first ground is vitiated by an error apparent on the face of the record. THE first ground was disposed of by this Court thus: "that S. 5 (3) of Act 29 of 1958 will not enable the execution court to revalue a building for which compensation has been fixed under the decree of the court has been the view taken in a series of decisions of this Court".

(3.) THE second appeal arises out of an order in execution of the decree. THE decree is for recovery of possession of the plaint schedule property after setting aside the sale deed executed by some of the members of a marumakkathayam tarwad. THE trial court's decree was passed on 8-7-1957 and the value of the building was determined at Rs. 16,000/- and odd in the decree of the trial court on the basis of the commissioner's report dated 27-6-1966. It is the admitted case that the value of improvements fixed by the decree was not deposited within a reasonable time of the decree. THEre was an appeal by the plaintiff against the decree of the trial court objecting to the claim for value of improvements which was pending for some years. Finally the decree of the trial court was confirmed and the appeal was dismissed.