RAMAN Vs. JANARDHANA PAI

JUDGEMENT

(1.) THOUGH other questions are also raised by the counsel of the appellant, arguments are confined only to a short question under Kerala act XXIX of 1958.

(2.) A decree for redemption of a mortgage was passed in august 1955, under which the mortgagee-appellant was awarded Rs. 598. 95 p. as value of improvements in addition to the mortgage money. The decree also provided for set off of mesne profits payable by him. In execution the matter came up to this Court; and after remand the subsequent improvements were valued by the execution court. Ultimately, it was found that the appellant was entitled to Rs. 2,674. 50 p. as value of improvements. The additional amount was deposited only on 28th January 1964, though the mortgage money and the compensation awarded in the decree were deposited very much earlier. The dispute relates to the mesne profits whether mesne profits have to be paid from the date of suit or only from 28th January 1964. The primary court held that since the additional value of the improvements was deposited only on 28th january 1954, the appellant was liable to pay mesne profits only from that date; and the lower appellant court held that since there was a provision in the decree for set off of value of improvements against the mesne profits, the appellant was liable to pay mesne profits from the date of suit.

(3.) THE result is the decision of the lower appellate court is set aside and the decision of the trial court restored.