K.A. PREMALATHA Vs. ANANDARAJ

JUDGEMENT

(1.) THE appellant is the plaintiff and the respondent is the defendant in O.S. No. 138/1995 which is for partition. The appellant has 42/43 shares and the respondent has 1/43 share in the property. There is a dispute between the parties with regard to the extent of the property. The measurements in the title deeds are given in 'kole'. A preliminary decree was passed. In A.S.669/2001 this court issued the following directions: "the court below shall apply its mind to the documents and if necessary by issuing a commissioner to find out the extent of the property available, then permit both parties to adduce evidence with reference to the respective contentions and thereafter dispose of the matter in accordance with law". Accordingly, the trial court deputed a commissioner to measure the property. The commissioner found that the extent of the property available for partition is 0.42 cents. In this appeal the appellant's contention is that the extent of the property is 3 cents and the measurement done by the commissioner with the assistance of the surveyor is not acceptable.

(2.) HEARD Sri. Tom K. Thomas, learned counsel for the appellant and Sri. Sajan Varghese K., learned counsel for the respondent.

(3.) THE appellant purchased the property in a court auction in O.S. No. 139/1982 of Sub Court, Palakkad. The side measurements are shown as '4 1/4 x 8 asari kole' and the extent as 1 cent.