SANKARAN NAMBUDRIPAD Vs. SANKARAN NAIR

JUDGEMENT

(1.) In this case the appellant obtained a decree for ejectment of a tenant in South Malabar and, after depositing the amount ascertained as due to the tenant for improvements under the Malabar Improvements Compensation Act, applied before the District Munsif for execution of his decree by ejectment of the tenant from all the lands mentioned in the decree, or in the alternative he added that if the tenants claimed that any improvements had been effected subsequent to the decree in kudiyiruppus, parambas and hills, execution might be granted of the other properties, that is, nilams (double crop lands), palliyals (single crop lands) and nattupoyils (seed-beds).

(2.) As observed by the District Munsif, this application for partial delivery was intended to be for the benefit of the tenants and to avoid further demands for compensation owing to delay in execution. The District Munsif granted the appellant's prayer and ordered delivery of the nilams, palliyals and seed-beds, and directed that execution in regard to other items should wait. He also directed that the tenant should give security for any relief that might be obtained against him in execution before he took the amount deposited for the value of improvements.

(3.) The District Judge held that partial ejectment, before compensation was finally settled upon the other lands which were left in possession of the tenant, was contrary to the provisions of Section 5 of the Malabar Tenants Improvements Act, and he therefore allowed the Appeal and directed the District Munsif not to grant the petitioner's prayer till he finally determined the question of valuation.