PASIPATI KRISHNAMURTHY Vs. P RAMALINGAYYA
HIGH COURT OF MADRAS
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Chandra Reddy, J. -
(1.) This revision petition is directed against the order of the Subordinate Judge of Mayuram dismissing an appeal filed by the petitioner against the order dated 4-41950 passed by the District Munsif of Mayuram in I. A. 230 of 1949 in O. S. No. 93 of 1948 as being incompetent.
(2.) I. A. No. 230 of 1949 giving rise to this revision petition was filed in O. S. No. 95 of 1948 which was a suit for a declaration that the plaintiff and defendants 7 to 12 were the next heirs to the estate of one Mathurathammal and for partition and allotment of a l/7th share to each of the plaintiff and defendants 7 to 12 and for future mesne profits etc. The suit ended in a compromise under which division and allotments were to be effected in a particular way and that the first defendant should be appointed Receiver of the suit property till the end of the sambha harvest or the final decree proceedings whichever was later and that he should maintain and render proper accounts for the management.
(3.) The interlocutory application mentioned above was filed 'inter alia' for a direction to the first defendant as receiver to submit his accounts with vouchers and on his doing so and the parties filing surcharges and objections thereto for ascertaining the receiver's liability and directing him to pay the amounts due to the parties. The trial Judge on the materials placed before him ascertained the total income to be Rs. 2920-7-0 and the total expenses Rs. 937-6-0 and the liability of the Receiver was fixed at Rs. 1983-1-0. The Receiver was directed to pay this amount into court. It was also observed in that order
"as to how this amount has to be apportioned among the legatee group and the residuary group mill be decided after hearing the parties".;
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