KRISHNA PILLAI Vs. KUNJIKKAVAMMA THAMPURAN

JUDGEMENT

(1.) Against the preliminary decree in a suit for redemption of a mortgage these two appeals have been filed, one by the plaintiff in whom now vests the mortgagor's interest and the other by the legal representatives of the mortgagee. The preliminary decree allows redemption but has not fixed the price of redemption. Certain directions are given in the preliminary decree for fixing the price of redemption in the final decree after a settlement of accounts. The complaint in the mortgagor's appeal, A. S. 92 of 1955, is entirely against some of those directions and the complaint in the mortgagee's appeal, A. S. 108 of 1955, is against one of the directions and also the order regarding costs.

(2.) The first ground urged by the appellant's counsel in A. S. No. 92 of 1955 refers to amounts paid by the mortgagee to the mortgagor on account of tax. The direction in the lower court's judgment regarding the settlement of accounts with respect to this item reads as follows :

(3.) Two other heads of complaint which the mortgagor has relates to the mortgagee's claim for value of improvements effected by the lessees in the said properties and the amount which the mortgagor or mortgagee will have to pay to the lessees on account of the return of the premium received from them. These questions cannot be satisfactorily disposed of without the lessees also being on the party array. For findings which would be binding on the lessees also, and which necessarily have to be binding on the lessees also for avoiding multiplicity of suits, it is necessary to have them on the party array. Therefore, we delete the directions which the court below has given in respect of these matters i. e., value of improvements effected by the lessees and the liability for the premium, and direct the plaintiff to implead the lessees in the suit and have the matter re-adjudicated with them on the party array. The mortgagee will furnish a list of the lessees within two weeks of the receipt of the records in the lower court and within four weeks thereafter the plaintiff will apply to have the lessees impleaded.