SREENI KUMAR Vs. ASHALATHA ALIAS MANKU

JUDGEMENT

(1.) THE matter arises in the final decree in a suit for partition of about 17.59 cents of land with buildings thereon. The preliminary decree for partition declared the shares of parties as follows:-

(2.) THE Advocate Commissioner deputed in the final decree proceedings has divided the land into six plots after excluding the pathway. The building in plot C has been reserved to the 3rd defendant in the preliminarily decree. Similarly the building in plot F has been reserved to the 1st defendant in the preliminary decree. I am now concerned with the building in plot G which alone has a road frontage.

(3.) THE plaintiff is concededly not conducting business in the building in plot G. Ext.B13 referred to in the judgment in A.S.No.23 of 2001 does not spell out any reservation. Ext.B13 agreement would at best indicate that all the sharers are entitled to the value of the building in plot G. Preference of allotment of the building in plot G has to be worked out between the legal heirs of defendants 2 and 4. They occupy the building along with the legal heirs of the first defendant for the purpose of business.