KADIMUK ISLAM JAMAYATH Vs. ASSOO

JUDGEMENT

(1.) This revision is by defendant No. 2 in O.S. 144 of 1986. The decree in O.S. 144 of 1986 is one for partition. A preliminary decree was passed awarding the plaintiffs 1680 out of 2400 shares. Defendant No. 1 was allotted 178 shares and defendant No.2 522 shares. Defendant No. 3 was allotted 20 shares on payment of requisite court fee. There was also a direction in the preliminary decree that the second defendant who was a tenant in respect of the building situate in the plaint schedule property was entitled to get protection under the Kerala Buildings (Lease and Rent Control) Act, with an obligation to pay rent at the rate of Rs. 800 per month.

(2.) In proceedings for the passing of the final decree the Commissioner made two alternate proposals for division. Defendant No. 2 claimed that the property included in share list be allotted to him since he had no other building. But the court disallowed that prayer when it found that in that case owelty payable by defendant No. 2 to the other shares would be huge and it was not just and proper to accept such a division. The Court therefore, allotted the building to the plaintiffs and made payable substantial sum of money as owelty to the 2nd defendant. The final decree was passed on 16.6.1993.

(3.) It appears that defendant No. 2 filed an application for the certified copy of the final judgment and decree on 18.6.1993. Requisite copying sheets were called for on 1.1.1994 and they were produced on 5.1.1994. Copy was made ready on 3.2.1994 and 10.2.1994 was fixed as the date of appearance to receive the copy. But the copy was taken delivery of on 4.2.1994.