JUDGMENT

Heard both sides. It is so unfortunate that a preliminary decree was passed by an officer in the cadre of Sub Judge, in the following lines:

“The suit is decreed. The plaint schedule property is declared to be partiable between plaintiff and defendant equally. The dwelling house and shop rooms are also decreed to be partitioned. The auction shall be first between parties to the suit and thereafter by public auction. The plaintiff is entitled to amount of Rs.24000/- with 9% simple interest from today till realisation as mesne profits. The cost of litigation is to be born from the estate. The right of plaintiff to recover future mesne profits is left open and ordered to be adjudicated in the Final Decree proceedings. Any of the parties may move application for passing final decree within 3 months.”

2. It is a decree passed in a suit for partition between daughter-in-law and daughter. The daughter-in-law is the plaintiff and the daughter is the defendant. It is pertaining to the property left out by one Sasikala, who committed suicide along with her son, the husband of plaintiff, on the very same day after leaving three respective letters alleged to have been written by them one