VALSALA D/O SAROJINI Vs. B PANKAJAKSHI AMMA

JUDGEMENT

(1.) THE suit is one for declaration of title and recovery of possession. A decree has been granted declaring title in regard to item Nos.1 to 6 of the plaint 'A' schedule property. A decree for recovery of possession on title has been granted in regard to the plaint 'B' schedule property. It is admitted that the plaint B schedule property forms part of the plaint 'A' schedule property.

(2.) NO commission had been deputed by the court below during the trial of the suit. A Commissioner was deputed for the first time in the execution proceedings only. The Advocate Commissioner has already filed a detailed report and plan dated

(3.) 04.2003. He has tentatively identified the plaint 'B' schedule property which forms part of the plaint 'A' schedule property. 3. The court below has by the order impugned remitted the report to the to the Advocate Commissioner. The purpose of the remission is to identify and locate the property possessed by the first judgment debtor and to note the details of the structures in the property. The decree does not provided for any value of improvements. There is therefore no necessity to note the details of the structures in the property.