- (1.) This First Appeal is at the instance of Defendant No. 2 in a Suit for Partition and is directed against judgment and decree dated 10th July, 1997 passed by the learned Civil Judge, Senior Division, 1st Court, Midnapore in Title Suit No. 163 of 1990 thereby passing a final decree in a Suit for Partition after accepting the Commissioner's Report.
(2.) There is no dispute that in the past a preliminary decree was passed declaring 1/3rd share of each of the three parties to the litigation, Subsequently, Commissioner was appointed for the purpose of effecting partition in accordance with the said preliminary decree. The Commissioner alloted 81/2 decimals of land apart from a residential house in favour of the plaintiff. 21 1/2 decimals of land in favour of Defendant No. 1 and 27 decimals of land in favour of Defendant No. 2. While making such allotments, the Commissioner assessed the valuation of the building at Rs. 60,000/- and that of a Gas Godown at a price of Rs. 30,000/-. The valuation of the land was assessed at Rs. 2,000/- per cottah.
(3.) Against such report, the Defendant No. 2 preferred objection. The learned Trial Judge after rejecting such objection accepted the Report of the Commissioner and accordingly passed final decree in terms of that Report.;