IN THE HIGH COURT OF JUDICATURE OF TRAVANCORE-COCHIN Present: The Hon'ble Shri G. Kumara Pillai, Wudge and The Hon'ble Shri M.S. Menon, Judge Appeal Sui No. 270 195l 0.S. No. 103 of 11244 0f the Alleppey District Court Appellants--defendants 5 and g 1. Pylo Thomas of Thottukadavil Kampakkaran Veettil-: Kadak- karapally Muri, Vaylar Mekku Pakuthy, Shertallai > 2. Chacko Rocky of d9: do . were _ 6 By advocate...sShri V. Subramonian Moothathu andAdvocate General Respondent - plaintiff Manick Bava of Vettakkal, Paliyatharayil, residing at Vadakkey Valam Tayil, Uzhuva Muri, Vylar Mekku Pakuthy By advocates M/s K.P. Abraham & K.T. Ninan This appeal suit having been finally heard on 24.8.1955, the court on the same day delivered the following JUDGMENT This is an appeal against the decree in a redemption suit. De- fendants 5 and 8 are the appellants. The only point pressed in appeal related to the value of improvements payable by the plain- ti.ff. Since there is an express provision in the document that J I value of improvements is payable only on the pattom basis and the document also provides for the ratem of capitalisation we see nothing improper in the award relating to this matter, except in regard to the valuation of the areca-nut trees and the jack trees. The plaintiff agrees in this court to pay the full value s claimed by the appellant in regard to these two items. We therefore enhance the value of improvements which the plaintiff has been I directed to pay by Indian Rs. 205. The appeal is allowed to this extent and dismissed in other respects. As the appellant has unnecessarily swollen the appeal valuation, we direct the parties r : . 2 .. , 21.8.155' SD.- G, · KT:Il'-!ARA PJ:T ,LAI; JUDG::-1: SD. M.S. MENON, JUDGE copy_ I,,- Deputy Registrar For Registrar · Appeal Suit No. 27 of 1·954 copy of judgment r I f to give and take proportiori'lte costs in this court calculated on the valuation of the appeal given by the ·appellant in the appeal memoran4¼."ll· .