RAMAN DAMODARAN ASAN Vs. T G MATHEW

JUDGEMENT

(1.) In this Civil Revision Petition on behalf of the plaintiffs petitioners, Mr. Krishnan Nair learned counsel challenges the directions given by the learned Subordinate Judge of Quilon in his order dated 24th March, 1965 in O. S. 56/62 relating to the remuneration payable to the commissioner appointed in the suit.

(2.) The suit itself is one for partition. The plaintiffs have been declared entitled to get 8/13 shares, and defendants to 5/12 shares. The actual allotment and separate possession of the shares decreed to the plaintiffs is being worked out. For that purpose a commissioner has been appointed; and from the order of the lower court it is seen that initially the batta of the commissioner was fixed at Rs. 150/- which appears to have been paid in the first instance by the plaintiffs. The Commissioner has made a request to the lower court for sanctioning additional remuneration, and it is seen that the lower court has passed the order which is now under attack, stating that in its view the commissioner was appointed as early as 1960 and the matter has been stayed for a long time in view of the directions of this court. But there is one aspect which the lower court has taken into account, in giving the directions which will be referred to immediately, namely the fact that the value of the properties come to more than one lakh of rupees. On this basis the lower court has directed the plaintiffs to deposit an additional sum of Rs. 850 towards the remuneration of the commissioner. The lower court has later on stated in its order that the question of fixing the remuneration of the commissioner will be decided after accepting the report of the commissioner.

(3.) Two contentions have been taken by the learned counsel for the petitioners, namely (a) that no opportunity was given to the plaintiffs to place their view points before the lower court in the matter of fixing the remuneration payable to the commissioner, and (b) that the lower court, in giving the directions which are under attack, has been largely or substantially influenced by the fact that the value of the properties in respect of which the commissioner did the work comes to more than a lakh of rupees.