1945 Present: Soertsz A.C.J. and Canekeratne J.

APPUHAMY, Appellant, and WEERATUNGE, Respondent.

27-D. C. (Inty.) Matara, 154/13,628.

Partition action-Commissioner appointed to make partition-Cannot be supplanted by nominee of party dissatisfied, with proposed scheme- Weight of scheme suggested bona fide by Commissioner-Partition Ordinance (Cap. 56), s. 5.

In a commission for partition under section 5 of the Partition Ordinance the Commissioner, once he is appointed, cannot be supplanted by a person retained by a party who objects to the scheme proposed by him. It must be the Commissioner's scheme, as proposed by him or modified on the directions of the Court, that is confirmed for the purpose of entering the decree.

A partition proposed by the Commissioner will not be rejected on light grounds or for mere inequality of value of the allotments if, in making it, the Commissioner has honestly exercised his judgment.
APPEAL from an order of the District Judge of Matara.

L. A. Rajapakse, K.C. (with him S. W. Jayasuriya), for the plaintiff, appellant.

H. W. Jayewardene, for the first defendant, respondent.

Cut. adv. vult.

November 7, 1