The plaintiffs and the third defendant in O.S. No. 27 of 1957 on the file of the Subordinate Judge, Salem, are the petitioners. The plaintiffs filed the above suit for partition by metes and bounds into six equal shares of items 1 to 17 in Schedule III or alternatively to direct a division by metes and bounds of all the items 1 to 59 in Schedule II in the plaint plus items 10, 11 and 12 of Schedule III as the case may be into six equal shares and for allotment of one such share to each of the plaintiffs and defendants 1 to 3. The above unfortunate litigation had a chequered career and this litigation has come up to this Court more than 4 times. The above Revision arises out of I.A. No. 431 of 1965 dated 31st March, 1965 in O.S. No. 27 of 1957 for appointment of a Commissioner for dividing items 1 to 7 of Schedule 2 in the plaint into six equal shares by metes and bounds with reference to good and bad quality and allotment of one such share to the petitioner therein with the necessary appurtenant rights etc. and to ascertain the mesne profits

for the 1/6th share in the said items from (29th March, 1965 or 1st April, 1965) and the first defendant deposited a sum of Rs. 10,000 i