Aboobacker Babu Haji And Ors. vs Edakkode Pathummakutty Umma (D) By Lrs

The High Court upheld the finding that the document in question was a deed of mortgage, rejecting the Appellants' claim that it was a lease. The Court confirmed that the value of improvements made must be considered upon redemption of the mortgage, remitting the case back to the trial court for this determination. Additionally, the Court ruled that the amendments made to Order 34 of the Code of Civil Procedure by the Kerala High Court were valid under Section 122 CPC, thus dismissing the appeal with no order as to costs.