H.T. Chandrasekharappa Vs. Dr. H.R.Raja
EmailAppeal: SLP (Civil) No. 14398/86.
Petitioner: H.T. Chandrasekharappa
Respondent: Dr. H.R.Raja
Apeal: SLP (Civil) No. 14398/86.
Judges: E.S. VENKATARAMIAH & K.N. SINGH, JJ.
Date of Judgment: Jul 14, 1987
Appearances:
Mr. S.R. Setia for the Petitioner.
Mr. R.B. Datar & Mr. Ranjit Kumar for the Respondent.
Head Note:
CODE OF CIVIL PROCEDURE, 1908:
Section 54 – Transfer of Property Act, 1882; Section 51 – Suit for partition filed by the plaintiff in 1967 – Possession not yet received by the plaintiff of his share of the suit properties – The Deputy Commissioner directed to effect the division of properties within eight weeks – The question whether any compensation is payable under S.51 of Transfer of Property Act to be considered thereafter.
JUDGEMENT:
O R D E R
1. It is unfortunate that although the Suit for partition was filed in the year 1967 the plaintiff has not been able to secure possession of the share of the suit properties. We direct the Deputy Commissioner, Chickmagalur, Karnataka who is charged with the duty of partitioning the agricultural lands and putting the parties in possession of their shares under Section 54 of the Code of Civil Procedure, to effect the division of the properties according to the decree and to hand over the possession of the share of the petitioner to him within eight weeks from today. The parties shall appear before the Deputy Commissioner on 27-7-1987.
2. A copy of this order shall be despatched to the Deputy Commissioner, Chickmagalur, Karnataka within two days. The question whether any compensation is payable under Section 51 of the Transfer a Property Act shall be considered by the Court thereafter. The Deputy Commissioner shall submit his report of compliance with this order to this Court on or before 21st September, 1987.
3. The matter will be listed immediately after Dussehra Holidays.
1. It is unfortunate that although the Suit for partition was filed in the year 1967 the plaintiff has not been able to secure possession of the share of the suit properties. We direct the Deputy Commissioner, Chickmagalur, Karnataka who is charged with the duty of partitioning the agricultural lands and putting the parties in possession of their shares under Section 54 of the Code of Civil Procedure, to effect the division of the properties according to the decree and to hand over the possession of the share of the petitioner to him within eight weeks from today. The parties shall appear before the Deputy Commissioner on 27-7-1987.
2. A copy of this order shall be despatched to the Deputy Commissioner, Chickmagalur, Karnataka within two days. The question whether any compensation is payable under Section 51 of the Transfer a Property Act shall be considered by the Court thereafter. The Deputy Commissioner shall submit his report of compliance with this order to this Court on or before 21st September, 1987.
3. The matter will be listed immediately after Dussehra Holidays.
