KUNJU PAKIAM Vs. KRISHNAN NADAR

JUDGEMENT

(1.) These appeals are by the plaintiff and the 3rd defendant respectively, against an order of remand made by the Principal Subordinate Judge, Trivandrum.

(2.) The facts of the suit are thus: The piece of land bearing Survey No. 2034, Aramada Village, 2 acres 40 cents in extent, belonged in 1/3 share to Padmanabhan Padmanabhan, 1/3 to Mathevan Krishnan and Mathevan Padmanabhan and the remaining 1/3 to Ayyappan Arathan, Ayyappan Madan and Ayyappan Padmanabhan. The first named three persons instituted O. S. No. 544 of 1057 in the Additional Munsiff's Court, Trivandrum, against the latter three for separation of their 2/3 shares in the property. Ext. P18 is a copy of the decree and Ext. P17, a copy of the execution proceedings in that case. They show that the suit was decreed on 21-12-1058 as prayed for, that the appeal and second appeal were dismissed with costs, that in execution a commission was issued on 6-11-1070 to divide the property by metes and bounds and to deliver the decree holders' 2/3 in specific plots and that the commissioner did so and submitted his plan of division, report of delivery and the delivery kychits in Court on 2-12-1070 and the Court accepted the same and struck off the application for execution as been satisfied on 25-12-1070. Ext. P1 is an attested copy of the plan dated 17-11-1070 prepared by the commissioner for the above purpose.

(3.) The Subordinate Judge framed the points for determination in the appeal thus: