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1960 Supreme(Ker) 258

M.S.MENON, T.K.JOSEPH, P.GOVINDA MENON
Cherian Mathai – Appellant
Versus
Narayana Pillai – Respondent


Judgment :-

1. These Second Appeals were referred to a Full Bench by a common order dated 19-2-1958. The first question for determination is whether a tenant is entitled to be in possession until he is paid not only the amount of compensation embodied in the decree as originally passed but also the compensation granted under sub-section (3) of S.5 of the Kerala Compensation for Tenants Improvements Act, 1958.

2. Sub-section [1] of S.4 of the Act [omitting the provisos thereto] provides:

"Every tenant shall, on eviction, be entitled to compensation for improvements which were made by him, his predecessor-in-interest or by any person not in occupation at the time of the eviction who derived title from either of them and for which compensation had not already been paid; and every tenant to whom compensation is so due shall, notwithstanding the determination of the tenancy of the payment or tender of the mortgage money or premium, if any, be entitled to remain in possession until eviction in execution of a decree or order of court:";

and sub-section (3) of S.5:

"The amount of compensation for improvements made subsequent to the date up to which compensation for improvements has been adjudg

















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