High CourtsDivision Bench

Eressa Menon vs Shamu Patter and Another

Madras High Court · Decided on 19 August 1897 · Citation: (1898) ILR (Mad) 138

HON’BLE JUDGES
Subramania Ayyar, J · Davies, J
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Judgment

5 paragraphs · 115 words
1.

So far as the right to the value of improvements goes, there is no distinction between a tenant under ""kanom"" and under ""verurnpattom."" As

pointed out in Achilla v. Kali ILR 7 Mad. 545 the right. to receive such compensation becomes perfected only at the time of eviction, and subject

to the customary incidents attending to the tenure. Consequently the right of the landlord to set off against the value of the improvements any rent

due to him under the lease must prevail against any alienation made by the tenant of his right to compensation when it is in an inchoate state.

2.

The second appeal therefore fails, and it is dismissed with costs.