The compromise entered into by the parties speaks of division of four items of property and also equities. The division of four items of properties in favour of four sharers is envisaged. Clause 3 of the compromise petition is to the effect that the house in Item No.3 property shall be allotted to the first defendant in exclusivity. But the appurtenant land and improvements in Item No.3 property shall be allotted to the first defendant as far as possible. There cannot be a division of this four items of properties into 16 fragments as is attempted to be projected. 2. The first plaintiff offers a sum of ` 2 lakh per cent to Item No.3 property whereas the Advocate Commissioner has assessed the value at ` 28,300/- per Are. It is for the final decree court to assess the value of the property at the time of fixing the owelty to be paid to the sharers.
The Original Petition and the Review Petition are disposed of accordingly.
Sd/- V.CHITAMBARESH, Judge.
nj.