SOSAMMA YOHANNAN Vs. ELIAS

JUDGEMENT

(1.) Revision Petitioners are defendants 24 to 26 in O.S.No.340/92 of the Sub Court, Muvattupuzha, which is now in the final decree stage. The Commissioner deputed in the case made inspection of the property and filed report demarcating the share due to the plaintiffs. The question of accepting the report was then considered by the court. The revision petitioners contended that the value of the building has been fixed incorrectly and also that the share due to them has not been separately shown in the report.

(2.) The court negatived the said contentions and it is that order that is under challenge.

(3.) As per the preliminary decree passed in the case the plaintiffs are entitled to get one - half share and the other half is due to the defendants 1 to 26. The report is filed accordingly. There are two items in the decree schedule property, the 1st of which is land having an extent of 1.25 acres and the other being a 3 storied building situated in a plot of 5 cents. With regard to the valuation of item 1 there is no serious dispute raised; but it is contended that the building has been grossly undervalued. It is stated that the building is actually worth Rs. 60,00,000/-; but valued only at about Rs. 6,00,000/-. When such a claim was made, the learned counsel for the plaintiffs submitted before court that if the defendants are serious about this contention, the plaintiffs will have no objection in the building being allotted to the defendants at the valuation claimed by them. The suggestion, however, was not acceptable to the present revision petitioners, or to the other defendants who only reiterated that the valuation made by the Commissioner is without basis.