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The appellant is the mortgagor. The respondent is one of the mortgagees/4th defendant. The appellant's suit for redemption of the mortgage was decreed on December 23, 1965. The decree provides payment of Rs. 500, and Rs. 943/9.2 towards improvements as a condition for redemption. On appeal, the appellate court enhanced the improvements by Rs. 256/8.4. In the execution application filed by the appellant the respondent filed another application under the Kerala Compensation for Tenants Improvements Act, 1958 (Act 29 of 1958), for short `the improvements Act' claiming a further sum for improvements. Pending application, the appellant deposited on June 21, 1961 the decretal amount including the sum decreed by the appellate court. Under the Improvements Act, in 1975 the respondents' application was allowed and total amount of Rs. 4,149.66 paise inclusive of decretal amount was directed to be paid, which became final.

Section 4 reads thus:

4. Tenant "entitled to compensation" for improvements:

(1) Every tenant shall, on eviction, be entitled to compensation for improvements which were made by him, his predecessor-in-interest or by any person not in occupation at the time of the eviction who derived title from either of them and for which compensation had not been paid; and every tenant to whom compensation is so due shall, notwithstanding the determination of the tenancy of the payment of the mortgage money or premium, if any, be entitled to remain in possession until eviction in execution of a decree or order of court :

"5. Decree in eviction to be conditional on payment of compensation :-

(1) In a suit for eviction instituted against a tenant in which the plaintiff succeeds and the defendant establishes a claim for compensation due under section 4 for improvements, the court shall ascertain as provided in sections 7 to 16, 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 the court of the amount so found due and also the mortgage money or the premium, as the case may be, the defendant shall put the plaintiff into possession of the land with the improvements thereon."

Sub-sections 2 and 3 are not relevant and hence omitted. Sections 7 to 16 provides the mode to accretion improvements and computation thereof, the details of which are not necessary:

A conjoint reading of ss. 4 and 5 clearly postulates that a decree of eviction passed against tenant namely recovery of possession of land from the tenant cannot be enforced until the compensation determined under the Improvements Act is paid. Section 4 gives substantive right to payment of compensation for improvements made by him or his predecessors in interest, etc. Until such payment is made, the tenant shall be entitled to remain in possession and the decree of eviction shall not be executed. Payment is a condition precedent under s. 4 and s. 5 provides the procedure by which the right secured under the Act is to be enforced. The right to compensation given under s. 4 is a right to the improvements made by a tenant while in possession and enjoyment of the land before decree of ejectment was passed against him. Section 4(1) begins by saying that every tenant shall, on eviction, is entitled to compensation for improvements which were made by him. Therefore, the right to compensation springs into existence from his continuance in possession as a tenant before decree of eviction was passed and until the compensation is paid he is entitled to remain in possession. For the purpose of improvements, the mortgagee has been treated by fiction of law to be a tenant. The object of the Improvements Act is "to make provision for payment of compensation for improvement made by tenants". Sub-section 2 of s.4 preserves the pre-existing contract: the right and liabilities thereunder. Thus it is clear that right to possession under s. 60 of the Transfer of Property Act, on redemption is kept uneffected.