PEER MOHAMADAMMAL BEEVI Vs. RAHAMATH BEEVI

JUDGEMENT

(1.) THE above Civil Revision Petition is filed against the order and decretal order dated 23.2.2005 made in I.A. No. 566/2002 in O.S. No. 4 of 1999, on the file of the Principal District Munsif, THEnkasi.

(2.) THE suit in O.S. No.4/1999, was filed by the respondent herein, on the file of the Principal District Munsif, THEnkasi, seeking partition and separate possession "of 6/20 shares in the schedule mentioned property and for consequential reliefs. THE suit was decreed as prayed for. Subsequently, the petitioner herein filed an Interlocutory Application in I.A. No. 566/2002 before the Trial Court, to fix the value of his 6/20 share in the schedule of property and to direct the respondent herein to execute a registered sale deed in favour of the petitioner herein under Section 4 of the Indian Partition Act and Section 151, C.P.C.

(3.) ACCORDING to the petitioner herein, the Trial Court has erroneously fixed the value of the property by accepting the Commissioner's report which was prepared on the basis of the local enquiry made by him. The learned counsel for the revision petitioner would contend that the Court below has erroneously decided the Interlocutory Application in the light of the decision rendered in Raghubans Narain v. The Uttar Pradesh Government, AIR 1967 SC 465, instead of following the decision rendered by the Apex Court in Dr. Kishore Chand Kapoor and others v. Dharam Pal Kapoor and others, AIR 1987 SC 66, and that the Court below did not give any opportunity to cross-examine the witnesses stated by the Commissioner in his report for fixing the market value.