DURAISAMY Vs. S. SIMON

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree dated 15.7.1983 in AS. No. 209 of 1982 on the file of the Subordinate Judge, Vellore, partly allowing the appeal against the order dated 6.10.1982 in I.A. No. 2330 of 1978 in OS. No. 330 of 1973 on the file of District Munsif, Sholinghur.

(2.) I.A. No. 2330 of 1978 in O.S. No. 330 of 1973 was filed by the plaintiff/respondent in the second appeal under Order 20, Rule 18 and Sec. 151, C.P.C., for determination of income from the suit properties and for payment of the petitioner's 1/5th share in the same.

(3.) In O.S. No. 330 of 1973 a preliminary decree in respect of the items 1 to 4 and extent of Order 13 cents in item No. 5, an extent of 32 cents in item No. 6 and items 8 and 11 to 14 was passed on 7.3.1977. Final decree was passed on 30.9.1977 O.E.P. No. 175 of 1977 was filed and the plaintiff took delivery of the share of the properties on 5.11.1977. Thereafter he filed the above I.A. No. 2330 of 1978 in the same suit for accounts in respect of income from items 1 to 4, 13cents in item No. 5 0 -32 cents in item No. 6 and item No. 6 and items 8 and 11 to 144 and to pay 1/5th share in such income to him from 19.6.1973 to 5.11.1977.