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1968 Supreme(Mad) 78

VEERASWAMI
T. R. Rajagopala Iyer – Appellant
Versus
T. R. Ramachandra Iyer – Respondent


Advocates:
M. S. Venkatarama Aiyar and K. Chandramouli, for Petitioner; V. P. Raman, for Respondent.

Judgement

ORDER :- This petition by the plaintiff is directed against an order of the Second Additional District Judge, Coimbatore, appointing a Commissioner for local inspection. The suit was one for specific performance and for mesne profits which was eventually decreed after the litigation had seen several courts, including the Supreme Court. In the enquiry for mesne profits the trial Court found that a sum of Rs. 5,000/- per annum could be fixed as mense profits. It appears 14 acres of single crop wet lands, 3 acres of cocoanut grove and 58 acres of dry lands are the properties involved in the suit. In the Lower Appellate Court in support of the application for Commissioner it was stated that it was necessary to have the properties inspected, because no attention has been paid in the trial Court with reference to the alleged reclamation of jungle lands into cultivable lands and that in such a case, income from such land should be excluded and there were also areas which were rocky and could not be cultivated and this too should be taken into account. All these facts, according to the petitioner in the court below, could be proved only by appointment of a Commissioner through his





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