Section 6 in Malabar Compensation for Tenants Improvements Act, 1899
6. Decree in ejectment to be conditional on payment of amount of compensation ascertained under this Act or the difference between it and the amount, if any, adjudged to the plaintiff from the defendant.
(1)In a suit for ejectment instituted against a tenant in which the plaintiff succeeds and the defendant establishes a claim for compensation due under section 5 for improvements, the Court shall ascertain as provided in sections 9 to 18 the amount of the compensation and shall pass a decree declaring the amount so found due and ordering that, on payment by the plaintiff into Court of the amount so found due and also the mortgage-money (if any),[on or before such date within six months from the date of the decree as the Court may fix] [Inserted by section 46(iii)(a) of the Malabar Tenancy (Amendment) Act, 1951 (Tamil Nadu Act XXXIII of 1951), which came into force on the 15th March 1952.], the defendant shall put the plaintiff in to possession of the land with the improvements thereon.(2)If in such suit the Court finds any sum of money due by the defendant to the plaintiff for rent or otherwise in respect of the tenancy, the Court shall set-off such sum against the sum found due under sub-section (1), and shall pass a decree declaring as the amount payable to him on ejectment the amount (if any) remaining due to the defendant after such set-off:[Provided that, where there are several defendants in a suit, the Court shall not set-off under this sub-section any sum of money due by any one of the defendants for rent or otherwise in respect of the tenancy against the sum due under sub-section (1) to any of the other defendants in that suit.] [Added by section 46(iii)(b) of the Malabar Tenancy (Amendment) Act, 1951 (Tamil Nadu Act XXXIII of 1951).](3)The amount of compensation for improvements made subsequent to the date up to which compensation for improvements has been adjudged in the decree, and the revaluation of an improvement for which compensation has been so adjudged, when and in so far as such revaluation may be necessary with reference to the condition of such improvement at the time of ejectment as well as any sum of money accruing due to the plaintiff subsequent to the said date for rent or otherwise in respect of the tenancy, shall be determined by order of the Court executing the decree and the decree shall be varied in accordance with such order.(4)Every matter arising under sub-section (3) shall be deemed to be a question relating to the execution of a decree within the meaning of clause (c) of section 244 of the [Code of Civil Procedure.] [See now section 47 of the Code of Civil Procedure, 1905 (Central Act V of 1908).]
