Subramanian Namboodiri Vs Purushothaman Namboodiri

High Court Of Kerala 11 Jan 1960 A. S. 863 of 1959 (1960) 01 KL CK 0063
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

A. S. 863 of 1959

Hon'ble Bench

K. Sankaran, C.J; T.C. Raghavan, J

Advocates

N.D.P. Namboodiripad, for the Appellant; T. Chandrasekhara Menon, for the Respondent

Final Decision

Allowed

Judgement Text

Translate:

Sankaran, C.J.@mdashThe costs awarded by the preliminary decree have no connection whatever with the redemption of the mortgage involved in the suit. By the decree, provision has been made as to the price of redemption to be deposited by either party who may seek redemption of his share of the property. The price for redemption of that share can include only the proportionate mortgage amount and value of improvements, if any, and it cannot include the costs awarded by the decree. The lower court was wrong in directing deposit of such costs also as a condition precedent to the redemption.

In the result this appeal is allowed with costs and the lower court''s direction regarding deposit of costs also is set aside.

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