THEKKA THOTTUM MUKKATH RARAN Vs. NATUKKANDY CHEKKUTI

JUDGEMENT

(1.) The Subordinate Judge s finding is that the building for which compensation is claimed by the appellant under the Malabar Compensation for Tenants Improvements Act (Madras Act I of 1900) is a shop and not a dwelling house, that it was not meant for the purposes of habitation " and that the shop in question is unsuitable to the holding and inconsistent with the purpose for which the property was let."

(2.) We see no sufficient reasons for not accepting this finding, though the learned Subordinate Judge has referred in his judgment to some irrelevant matters such as the present dismantled and damaged state of the shop.

(3.) It is clear that under the Act the appellant is not entitled to compensation for a building which is unsuitable to the holding.