500 together with the improvements determined in the said appeal were admittedly deposited on June 21, 1961.
The facts relevant are as under The appellant is the mortgagor.
The decree provides payment of Rs.
The appellants suit for redemption of the mortgage was decreed on December 23, 1965.
6/64 on the file of the Munsif Magistrate, Attingal.
From the Judgment and Order dated 17.11.1977 of the Kerala High Court in C.R.P. No.
In the execution application filed by the appellant the respondent filed another application under the Kerala Compensation for Tenants Improvements Act, 1958 Act 29 of 1958 , for short the improvements Act claiming a further sum for improvements.
Pending application, the appellant deposited on June 21, 1961 the decretal amount including the sum decreed by the appellate companyrt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A. Firoz for the Respondents.
2340/75 to reopen the decree under s.132 3 of the Act, Contending that he is a tenant under s. 4A of the Act, having been companytinuously in possession for over 50 years and that, therefore, the decree of eviction cannot be executed against the respondents.
Then the respondents filed yet another I.A. No.
Hence omitted.
943/9.2 towards improvements as a companydition for redemption.
2354 of 1979.
4,149.66 paise inclusive of decretal amount was directed to be paid, which became final.
2341 of 1977 of the Kerala High Court which granted the decree that the respondent is a tenant under s. 4A of the Kerala Land Reforms Act, 1963 1 of 1964 , for short the Act and is number liable to ejectment pursuant to the decree in O.S. No.
256/8.4.
The Judgment of the Court was delivered by RAMASWAMY, J. This appeal by special leave arises against the order dated November 17, 1977 made in C.R.P. No.
2341 of 1977 Sudhakaran for the Appellant.
On appeal, the appellate companyrt enhanced the improvements by Rs.
The respondent is one of the mortgagees/4th defendant.
500, and Rs.
