Thevchanamoorthy Et Al., V. Appakuddy Et Al.,

1950 Present : Jayetileke S.P.J. and Gunasekara J.

THEVCHANAMOORTHY et al, Appellants, and APPAKUDDY et al.,
Respondents

S. C. 393-D. C. Jaffna, 1,159

Partition Ordinance-Section 6-Commissioner's scheme of partition-Re-issue of commission to Commissioner to submit a fresh scheme-Return of commission-Duty of Court to issue notice to all parties again-Co-owner's right to be allotted portion which contains his improvements.

Where, in a partition action, a second scheme of partition is ordered notice should be given to the parties of the day on which the second scheme will be considered by the Court. The notice which the Court has to give to the parties in terms of section 6 of the Partition Ordinance cannot be restricted to the day fixed for the consideration of the original scheme of partition proposed by the Commissioner.

A co-owner should be allotted the portion which contains his improvements whenever it is possible to do so.

APPEAL from a judgment of the District Court, Jaffna.

S. J. V. Chelvanayagam, K.C., with S. Thangarajah, for the 13th to 16th defendants appellants.

H. W. Tambiah, with A. Nagendra, for

Click Here to Read the rest of this document