LAWS(PVC)-1921-9-43

MARATH SIVARAMAN NAIR Vs. SESHU PATTAR

Decided On September 14, 1921
MARATH SIVARAMAN NAIR Appellant
V/S
SESHU PATTAR Respondents

JUDGEMENT

(1.) We are already of opinion that the Lower Courts were right in disallowing appellants claims for delivery of an additional extent of land and for recovery of full profits instead of michavaram.

(2.) A more difficult question relates to their claim for damages on account of respondents failure to deliver up documents relating to the mortgaged property as directed in the preliminary and final decrees. The documents are not named in the decrees.-The preliminary decree simply directs that "Defendants 1 to 3 shall deliver up to the plaintiffs or such persons as they appoint all documents in their possession or power relating to the plaint property". The final decree directs "that the defendants do deliver up to the plaintiffs the documents which under the preliminary decree they are bound to deliver up."

(3.) In their execution petition appellants (plaintiffs) demanded the delivery of eight specified documents as relating to the plaint property, and asked for delivery or in default payment to them by defendants of Rs. 8,550 as damages.