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1985 Supreme(Ker) 264

M.M.PAREED PILLAY
Govinda Pillai Raman Pillai – Appellant
Versus
Padmanabha Pillai Ravindra- natha Pillai – Respondent


Advocates:
O. V. Radhakrishnan and K. Radhamani Amma, for Petitioners; T. S. Venkitaswara Iyer, for Respondents.

ORDER :-

Revision petitioners are respondents 3 to 10 (additional plaintiffs 3 to 10) in I. A. 1064/70 in O.S. 347/1953 of the Munsiff Court, Shertallay. The petition was filed by the defendants 5, 6 and 7 (respondents 1 to 3 herein) under Sections 144 and 151 of the C.P.C. for re-delivery of the suit property with mesne profits. The learned Munsiff ordered the plaintiffs to pay Rs. 2011.50 to the defendants as interest on value of improvements to compensate the loss of profits suffered by them on account of the dispossession made without paying the value of improvements.

2. Suit was one for redemption of mortgage. That suit was decreed on depositing the mortgage amount and value of certain improvements. Plaintiff filed appeal A.S. 644/62 contending that they are not liable to pay value of improvements. Appeal was allowed holding that plaintiffs are not liable to pay value of improvements. Property was taken delivery by the plaintiffs on the deposit of mortgage amount on 31-3-1965. Defendants filed S.A. 573/66 before this Court against the judgement in A.S. 644/62. Second appeal was allowed and the case was remanded to ascertain the value of improvements. The Munsiff Court determine








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