DE CROSS et al. v. FERNANDO

DE CROSS et al. v. FERNANDO.

D. C, Negombo, 1,863.

 

Partition Ordinance-Duty of Commissioner appointed to carry out partition-Owelty of partition-Practice.

In carrying out the partition decreed by Court, it is competent to the Commissioner, without special directions from Court, to award owelty in adjusting the values of the divided portions-If the owelty is fair, the Court should allow it. But the parties should be heard pro and con, and the Commissioner may be examined in support of his proposal.

THlS was an action for a partition. The Court declared plaintiff entitled to two-thirds and defendant to one-third, and issued a commission to Mr. Anderson to carry out the partition of the 14 acres and 32 perches which formed the whole area. The Commissioner allotted the portion A to plaintiff, in extent 9 acres 1 rood 34 porches, as his two-thirds share, valuing it and the trees thereon at Rs. 3,083. He allotted to defendant the lot B, in extent 4 acres 2 roods and 37 perches, as his one-third share, valuing it at Rs. 1,191.

The defendant objected to this partition being confirmed, on the ground that the Commissioner had exceeded

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