KUNHIRAMAN Vs. APPA KUNHI

JUDGEMENT

(1.) THE appellant is the defendant in a suit for redemption of a mortgage, where the reliefs claimed are:

(2.) COUNSEL for appellant claimed deduction of 10 per cent of the yield towards collection charges in the calculation of mesne profits. As a general rule it has been so laid down by the Privy Counsel in Secretary of State v. Saroj Kumar Achariya Choudhury : A. I. R. 1936 P. C. 49 at 52. But it cannot apply to suits in redemption in view of clauses (h) and (i) of Section 76 of the Transfer of Property Act, 1882, which expressly disallow to the mortgagee expenses of management or collection of the rents and profits of the mortgaged property after the mortgage amount has been tendered to him directly or through court. Further, it is conceded at the bar that even if 10 per cent be deducted out of the yield of the property reported by the commissioner the mesne profits claimed by the plaintiff would be due to him.