HAILEYBURIA TEA ESTATE LTD Vs. ISRAVEL

JUDGEMENT

(1.) THE suit for recovery of possession on title though was dismissed by the trial court was decreed in appeal. The respondent/defendant had claimed value of improvements to the tune of Rs.1,50,000.00. However the same was relegated to be adjudicated in execution. The decree obliged the petitioner/plaintiff to pay value of improvements to the respondent.

(2.) THE Advocate Commissioner deputed by the execution court reported that the building bearing door No. 131 belongs to the respondent and the same comprises of five rooms, kitchen, toilet and a lean-to. The petitioner concedes that the shed bearing door No. 147 in the property where building bearing door No. 131 is situated also belongs to the respondent. The Advocate Commissioner has valued the building bearing door No. 131 at Rs. 2,22,588.00 on the basis of the input by the Assistant Engineer of Public Works Department.

(3.) I set aside the impugned order and remand E.P. No. 25/20012 to the file of the court of the Munsiff of Peermade. The execution court shall issue notice to the parties and afford them an opportunity to adduce further evidence. The buildings owned by the respondents shall be identified with exactitude by the execution court. Its value shall be ascertained afresh on the basis of the relevant inputs. The value of the improvements as regards the trees and other plantation (pepper, coffee etc.) shall also be ascertained. The proceedings shall be taken to a logical end within a period of six months from the date of receipt of a copy of this judgment. The amount already deposited by the petitioner pursuant to the interim order of this court will continue to be in deposit in the court below till orders are passed afresh. The Original Petition is disposed of. No costs.