J NARAYANA RAO Vs. V G BASAYARAYAAPPA

JUDGEMENT

(1.) THE Jadgment of the court was delivered by

(2.) THIS is an appeal from the decision of the High court of Mysore on a Certificate granted by that court to the appellant, who was defendant 3 in the suit.

(3.) AGAINST the decision of the Munsiff the appellant appealed and his appeal was heard by the Additional Subordinate Judge, Banglore. The Subordinate Judge, by his order dated 9-9-48, set aside the decree of the Munsiff and remanded the case to him for a fresh finding on Issue No. 5, the relevant issue on the question of improvement effected by the appellant. AGAINST the order of remand the plaintiff moved the High court. The High court set aside the order of the Subordinate Judge ana directed him to hear the appeal and dispose of it according to law. The appeal was rebeard by another Subordinate Judge, who, while upholding the decision of the Munsiff that the appellant was entitled to compensation for cost of improvement, disagreed with him as to the quantum of compensation to be paid to the appellant by the plaintiff. In his opinion the cost of improvement was on 25-7-45, the date of election by the plaintiff, Rs. 14,146.00. The difference between that sum and the sum fixed by the Munsiff therefore would be Rs. 6,160.00. The plaintiff and the appellant both being dissatisfied with this result appealed to the High court. The High court was of the opinion that the Munsiff's view on the evidence, was the correct one. It accordingly set aside the decision of the Subordinate Judge and restored that of the Munsiff. AGAINST the decision of the High court, the present appeal has been filed.