G GNANAMUTHU NADAR Vs. GNANASUNDARI

JUDGEMENT

(1.) THE appellant in A.S.No.265 of 1983 on the file of Sub Court, Kuzhithurai has filed this second appeal questioning the judgment and decree passed by the said court.

(2.) THE appellant herein as plaintiff has filed a suit in O.S.No.683 of 1978 for redemption of the mortgage. THE suit was decreed. As per the preliminary decree, for passing a final decree. I.A.No.770 of 1982 was filed before the trial court and the trial court after appointment of a commissioner and on perusal of Commissioner's report, which was marked as Ex.C-1, passed a final decree for payment of Rs.2,794.65 by the appellant herein. Aggrieved by the said final decree passed by the trial court, the appellant has filed an appeal in A.S.No.265 of 1983 on the file of Sub Court, Kuzhithurai. Learned Subordinate Judge, Kuzhithurai, after hearing both sides passed, a decree for Rs.1,794.65 and for delivery of the property, two months? time was granted to the respondents. Aggrieved by the said order passed by the appellant court, the plaintiff/appellant has filed this second appeal.

(3.) FROM this decision, it is clear that the mortgagee is entitled to the cost of the improvement made when the property was in his possession during the existence of the mortgage. In the present case, it is not contended by the respondents before the courts below that he has made much improvements in the land to preserve the property from destruction or deterioration or to prevent the security from becoming insufficient or in compliance with the lawful order of the public servant or public authority. There is no clause in the agreement that in case, the mortgagee has made any improvement in the property during the existence of mortgage, the mortgage of should pay the cost of such improvements. Whatever the improvement made by the mortgagee is according to his own wish and not to preserve the property from any deterioration.