SOMIAH NAIDU Vs. CHINNA BOOSIAMMAL

JUDGEMENT

(1.) THE above second appeals arise out of the final decree proceedings in one and the same suit, O.S.No.59 of 1963, on the file of the Court of the District Munsif, Krishnagiri, wherein the first respondent herein has filed the suit for partition of the suit properties by metes and bounds into two equal shares and for allotment of one such share for the plaintiff, for future mesne profits and for costs. THE trial court passed a preliminary decree dated 31.3.1965 in the following terms:

(2.) THEREUPON, the plaintiff filed I.A.No.442 of 1973 under O.26, Rr.13 and 14 read with S.151, C.P.C. for appointment of a Commissioner to divide the properties into two shares and for allotment of one such share and for putting the plaintiff in possession of one such share. I.A.No. 1591 of 1974 came to be filed under O.20, R.18, C.P.C. for ascertaining the mesne profits payable to the plaintiff. The trial court passed a final decree after taking into account the report of the Commissioner and the plan submitted by him and on the basis of the joint memo filed by respondents 2 and 3 in the trial Court regarding the shares to be allotted to the plaintiff. As to the question of ascertainment of mesne profits, the trial court held as hereunder:

(3.) AT the time of admitting the appeals, in S.A.No.1670 of 1982 this Court thought fit to formulate the substantial question of law for the decision in the said appeal as follows:-