VARADARAJA IYER Vs. KRISHNA IYER

JUDGEMENT

(1.) In this appeal filed by defendant 2 against the final decree in a partition suit, two points alone merit consideration.

(2.) During the course of the suit some assets of the joint family were made use of for making an acquisition on behalf of the family and that acquisition was directed to be partitioned by the final decree. The acquisition was made

(3.) The second ground urged by the appellant's counsel is more substantial. Under the decree plaintiff has to recover his costs up to the date of the preliminary decree other than cost of stamp papers from the estate and the cost of the stamp papers have to be borne by the sharers equally. The cost of the stamp paper was Rs. 1,553-3-0. In respect of this amount the plaintiff is entitled to recover from defendant 2 a sum of Rs. 517-11-8 alone. His other costs before the preliminary decree amount to Rs. 153-6-0, and as per the decretal portion he has to recover the same from the estate. But in drawing up the decree the lower court has added the cost of the stamp paper and the plaintiff's other costs and made defendant 2 liable to the plaintiff for one third of the total of the two amounts and allowed the plaintiff to recover from defendant 2 a sum of Rs. 568-13-8. This is clearly wrong and contrary to the terms of the decretal portion of the judgment. Paragraph 14 of the decree which reads "That the respondents 1 and 2 each do pay the petitioner Rs. 568-13-8 by way of contribution for his cause of the suit until the preliminary decree and Rs. 210-0-0 also on account of value of stamp papers produced by him for engrossing this final decree" has therefore to be amended. We direct that the said paragraph be amended as follows: