Executing Court to consider applications u/s 9.

ORDER :- The plaintiff in O. S. No. 99 of 1958, Principal District Munsif's Court, Nagarcoil, which is a Trust, is the petitioner in this civil revision petition. Admittedly, the Trust owned two items of properties in survey No. 382/730 and survey No. 382/731 of an extent of 60 cents and 29 cents respectively in Nagarcoil. A lease of these lands was granted by the Trust to one Padakalingam in 1106 (1930) on payment of a rent of Rupees 36 per month. The interest of the lessee was assigned in 1106 (1930) by Padakalingam to Gabriel, who in turn assigned it in favour of one Ramaswami Mudaliar in 1107 (1931) from whom Swami Mudaliar secured a further assignment in 1109 (1933). Swami Mudaliar put up certain buildings and the respondent herein purchased the buildings from Swami Mudaliar in 1119 (1943) on payment of a consideration of Rs. 4,475. Thereafter, in 1120 (1944), the Trust had leased out the properties in favour of the respondent herein fixing the period of lease as six years on a monthly rent of Rs. 37.50 and also providing that on the expiry of the lease, the respondent should receive 2/3 of the value of the buildings and improvements and surrender possession to the Trust and this was incorporated in a document styled as 'Tharapattom". The respondent did not pay any rent whatever to the Trust after 31-1-1951, which led to the issue of a notice by the Trust on 12-10-1953, demanding possession of the property leased out on receipt of the value of compensation. The respondent did not comply with this demand of the Trust and thereupon on 7-12-1953, a suit in ejectment in O. S. 151 of 1953 was filed by the Trust represented by its Managing Trustee and this was later transferred to the District Munsif's court, Nagarcoil and numbered as O. S. 99 of 1958. In that suit, an application in I. A. 2153 of 1958 was taken out for the appointment of a Commissioner to value the buildings and the superstructures and they were valued by the Commissioner at Rupees 10,009. Objections were filed to the report of the Commissioner and subsequently, the court directed the filing of calculation memos and ultimately, the court fixed the value of the buildings put up at Rs. 14,982.60. On this valuation an objection was raised by the respondent herein that even on the basis of 2/3 of Rs. 14,982.60, the District Munsif's court, would have no pecuniary jurisdiction to try the suit. This objection was upheld and the Trust was ordered to pay court-fees on 2/3 of the value ascertained and also to present the plaint to a proper court and against this order, an appeal was filed by the Trust in C.M.A. 16 of 1960 and that appeal was allowed and the order of the learned District Munsif was set aside. Against that order, the respondent filed a civil revision petition in C.R.P. 2390 of 1960 and that was also dismissed on 6-10-1961. In resisting the suit, the respondent questioned the maintainability of the suit on the ground that all the trustees were not impleaded as parties and also the quantum of value of the improvements made by the respondent. On 13-6-1962, the learned District Munsif negatived the objections raised by the respondent and held that a clear case for evicting the respondent had been made out. Regarding the value of the improvements, the finding arrived at earlier fixing the value of the improvements at Rs. 14,982.60 was affirmed and a decree in ejectment was passed directing the surrender of possession of the property by the respondent with the buildings thereon on payment of 2/3 of Rs. 14,982.60. A separate enquiry into the mesne profits was also directed under O.20, R.12, C. P. C. Against this, A. S. 116 of 1962 was filed by the respondent herein and that appeal was allowed by the Sub Court, Nagarcoil, and the suit was remanded to enable the impleading of all the trustees and also to ascertain the value of the improvements by a Commissioner. Against that order of remand, the petitioner filed C.M.A. 272 of 1963 and the remit order was