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1968 Supreme(Ker) 12

M.MADHAVAN NAIR
KUNHIRAMAN – Appellant
Versus
APPA KUNHI – Respondent


Judgment :-

1. The appellant is the defendant in a suit for redemption of a mortgage, where the reliefs claimed are: "(a) a preliminary decree for redemption of the properties,

(b) payment of future mesne profits at Rs. 300 a year, and (c) costs of the suit with interest thereon." The defendant contended inter alia that,

"the mesne profits claimed is too high and exaggerated and the plaintiff is not entitled to mesne profits before redemption."

The preliminary judgment in the suit is dated August 24, 1953. It reads:

"In the result, there will be a preliminary decree for redemption and possession of the suit properties on the plaintiff depositing into Court for payment to the defendant Rs. 1,450. The plaintiff will be entitled to future mesne profits from date of suit till date of recovery at a rate to be determined in the final decree proceedings. The parties will bear their own costs. Time for redemptions months."

Thereafter, the plaintiff took out a commission to assess the yield of the property; and he reported the annual yield of the property to be 2925 coconuts and 2475 arecanuts and 3/8 mura of cashewnuts, which, when converted at the market price of the commodities in the relevan













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