NARAYANI CHEMPAKAKUTTY Vs. CHIDAMBARA AMMAL RAMALEKSHMI AMMAL

JUDGEMENT

(1.) Defendants 1, 3 and 4 are the appellants. The suit was for redemption of Ext. B mortgage executed by the husband of the 1st plaintiff and father of the 2nd defendant in favour of Kutty Govindan whose legal representatives are defendants 1 to 4. In that document a sum of Rs. 50/- had been provided for and given credit to out of the mortgage amount of Rs. 250/- for digging a well and putting up a building. The plaintiffs stated that since the whole amount had been agreed in the mortgage deed, the defendants were not entitled to claim anything towards the value of the building or the well. According to them there were no other improvements in the property. The suit was therefore for redemption of the mortgage on payment of Rs. 250/-.

(2.) The defendants contended that they had spent about Rs. 800/- for putting up the building and digging the well, that they are entitled to get the same, that they had levelled up the property for which compensation had to be paid and that the value of improvements effected by them would come to Rs. 100/-. They claimed all these amounts before redemption was to be ordered.

(3.) The Trial Court found that the defendants were not entitled to get the value of the building, that they could get only Rs. 250/- in all besides Rs. 17/- and odd towards value of improvements. This decree was confirmed in appeal by the District Court.