MUHAMMED HANEEFA ROWTHER Vs. SARA UMMA

JUDGEMENT

(1.) This appeal and the cross appeal are directed against the final decree and judgment in I.A.No. 3548/1976 in O.S.No.74 of 1974 on the file of the Court of the Subordinate Judge, Palghat. A preliminary decree was passed on 20-12-1975 directing the plaint A schedule Items 1 to 15 and 17, C schedule item 6 and the movables shown in Ext.C1(a) and Ext.C1(b) to be divided in to 72 equal shares, and allotment of 7 such shares to the plaintiff, 14 shares to the Ist defendant and the remaining shares to defendants 2 to 7 jointly. There was also a direction against the 1st defendant to account for the value of 6 cart loads of paddy to the other sharers. The 7th defendant was also directed to pay Rs.496/- to the 1st defendant being the share in the fixed deposit amount withdrawn by her and also the respective shares due to the plaintiff and defendants 2 to 6. There was also a direction against the 1st defendant to pay mesne profits to the plaintiff and defendants 2 to 7 from A schedule items 1 to 15 and 17 from the date of the suit at such rate as will be determined in the final decree.

(2.) In I.A.No.3845 of 1976 which was an application for passing final decree, a Commissioner was deputed to effect division in accordance with the terms contained in the preliminary decree. Exts. C5 to C7 contained the schedules of properties allotted by the Commissioner to different parties. No objection was filed regarding the allotment and the allotment was accepted and a final decree was passed on that basis.

(3.) As regards the movables the Commissioner was directed to divide the value of the movables as was available for division. Ist defendant was found accountable for the value of movables shown in Ext. Cl(a) with the modification of the price of paddy to be calculated at Rs.20/- per para and defendants 2 to 7 were made liable to account for the value of movables shown in Ext. Cl(b) and also for the value of paddy seen in the house.