GANGADHARAN Vs. LEKSHMANAN

JUDGEMENT

(1.) This appeal by the first defendants is directed against the lower court's order, fixing the amount of compensation for the improvements effected in the suit property, subject to the preparation of the earlier commission report, Ext. P1. The right of the first defendant to get the value of the fresh improvements has been upheld by this Court in the judgment in A. S No. 309/1957. The items of fresh improvements were valued in Ext. D1 report and Ext. D2 mahazar prepared by the Commissioner. The Commissioner, after making due allowances, fixed the total value of all the items of fresh improvements at Rs. 1,417 nP. 44. The lower court reduced this amount to Rs. 666 nP. 56. In this appeal the first defendant claims the full amount found by the Commissioner.

(2.) Among the items of improvements, there are 3 buildings including a temporary shed and a weaving shed. The temporary shed has been valued at Rs. 16/-. This cannot be said to be a substantial improvement adding to the value of the holding. Hence the decree holder cannot be compelled to pay for it. The first defendant will be free to remove this temporary shed. Its value will be deducted from the compensation payable by the plaintiff.

(3.) Then there is the weaving shed. This cannot also be said to be a substantial improvement adding to the value of the holding, nor can it be said to be necessary or advantageous for the normal use of the property. This shed was put up obviously for the convenience of the defendant to carry on his weaving business. Such a shed will not come within the categories of buildings which are presumed to be improvements under clause (a) of S.3 of Act XXIX of 1958. The plaintiff is not bound to accept this shed and to pay for it. The first defendant is therefore allowed to remove this shed. It value will be deducted from the compensation payable by the plaintiff.