Supreme Court · 2009 INSC 887 · Decided 7 July 2009

Devaki Antharjanam v. Sreedharan Namboodiri & ANR.

Court
Supreme Court of India
Citation
2009 INSC 887 · [2009] 10 S.C.R. 779
Case number
CIVIL APPEAL No. 3206/2006
Decided
7 July 2009
Bench
MUKUNDAKAM SHARMA, B.S. CHAUHAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 115

Headnote

A B Kera/a Compensation for Tenants Improvements Act, 1959 - ss. 5(3) and 2(b) - Suit for recovery of possession of C immovable property - Defendants claimed compensation for improvements made by them in the property - Suit decreed - Compensation for improvements also adjudged in the decree - compensation awarded by Executing Court ·in terms of s.5(3) for o improvements made in property after the date of decree - Revision petition against - High Court remitted the matter to Executing Court to assess claim for further compensation - Justification of - Held :On facts, not

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