NDLI: Shamma Bhatt & Ors. Vs. T. Ramakrishna Bhatt

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Kerala Compensation for Tenants Improvements Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Kerala Compensation for Tenants Improvements Act, 1958 (29 of 1958)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Kerala Compensation for Tenants Improvements Act. 1958-Ss. 2(d) and 5-Tenant-Compensation for Improvement-When available.The appellants' father had obtained sale of the property in question during the minority of the respondent through his widowed mother, who was acting as his guardian. The respondent, on attaining majority, filed a suit for declaration that the said sale-deed was invalid and not binding upon him and for recovery of possession of the property. The judgment and decree of the trial Court dismissing the suit was affirmed by the Appellate Court. In Second Appeal, the High Court set aside the judgments of the Court below, allowed the appeal and decreed the suit, directing recovery of possession of properties on payment of Rs.4,700 being the sale consideration and a sum of Rs.4,164 being the compensation for improvement. The Special Leave Petition filed by the appellants was dismissed.The respondent tiled execution, which was resisted by the appellants on the ground that the properties could not be ordered to be delivered without payment of the value of improvements effected by them subsequent to the year 1952. They also tiled an application for the issue of a commission to revalue the improvements, claiming that they, had effected improvements to the tune of Rs.80,000. The respondent contested this application denying that the appellants had made any improvements and contended that the question of improvements had been concluded by the judgment of the High Court in the Second Appeal. The executing Court dismissed this petition. The District Judge allowed the appeal filed by the appellants and set aside the order of the executing Court. The High Court set aside the judgment of the District Judge and restored the order of the executing Court and directed recovery of the property. The High Court observed that "the sum of Rs.4,164.8.0 was directed to be paid not because the respondents were entitled to it, but because the appellant agreed to pay it." In the appeal to this Court, on behalf of the appellants it was contended: (1) that the judgment of the High Court was wrong and that the conclusion arrived at by the High Court was as a result of confusion regarding the pleadings in the case and the question of law involved; (2) that at the trial stage an issue was struck as issue No. 8 regarding the value of improvements which was adjudicated and the value of improvements was adjudged; (3) that the appellants were tenants within the meaning of s. 2(d) of the Kerala Compensation for Tenants Improvements Act, 1958 (Act 29 of 1958) and that their claim for value of improvements was made on the strength of s. 5 of the Act and, therefore, they are entitled to the value of improvements; and (4) that the value of improvements has to be ascertained under the Act on the execution side and their claim cannot be defeated by flourishing the judgment of the High Court and the dismissal of the S. L .P.
Judge	Hon'ble Mr. Justice V. Khalid
Neutral Citation	1987 INSC 85
Petitioner	Shamma Bhatt & Ors.
Respondent	T. Ramakrishna Bhatt
SCR	[1987] 2 S.C.R. 700
Judgement Date	1987-03-27
Case Number	383

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