PARVATHAMMA Vs. SHIVAMMA

JUDGEMENT

(1.) The order dt.29-3-1975 passed by the Principal Civil Judge, Mysore, in OS. 136 of 1973, is challenged in this petition.

(2.) By the said order, the Civil Judge accepted the report submitted by the Commissioner appointed by him to measure the properties in question and divide the same into two equal shares and allot one share to the petitioners and one share to the respondents bearing in mind the principles of equalisation by means of money also.

(3.) A Commissioner was appointed to measure and effect division of plaint 'A' schedule immoveable properties, which are four in number. The Commissioner divided the four items of properties into two lots i.e., Item Nos.1 and 3 one lot and Item Nos.2 and 4 another lot and equalised the two shares by making the allottee of Item Nos.2 and 4 to pay Rs.721 to the allottee of Item Nos.1 and 3.