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2019 Supreme(Ker) 311

P.B.SURESH KUMAR
Mariyakutty Chellamma – Appellant
Versus
Kesavan Sreedharan – Respondent


Advocates Appeared:
For the Appellant : Smt. S. Lethika Devi, Smt. K.N. Rajani, Advs.
For the Respondent: Sri. L. Mohanan, Smt. Ligey Antony, Advs.

JUDGMENT :

The first defendant in a suit for redemption of a mortgage of the year 1095 M.E. is the appellant in the second appeal. A preliminary decree was passed in the suit on 07.10.1966 allowing redemption, after ascertaining the value of improvements. Plaintiffs 2 and 3 later preferred an application for passing of the final decree in the matter. Defendants 1 and 2 raised objection to the said application contending that the value of improvements as determined by the Advocate Commissioner appointed in the suit is inadequate and that they are entitled to fixity in terms of Section 4A(1)(c) of the Kerala Land Reforms Act, 1963 ('the Act') as the land comprised in the mortgage was a waste land at the time of mortgage and they have effected substantial improvements in the mortgage holding before the commencement of the Kerala Land Reforms (Amendment) Act, 1969. The trial court found that the defendants have not demonstrated that the value of improvements as assessed by the Advocate Commissioner does not represent the adequate value of the improvements made by them in the property. The trial court also found that defendants 1 and 2 have not established that they are entitled to fixit

















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