BALAKRISHNA. J. ( 1 ) THIS is a Civil Petition preferred under order 44 Rules 1 and 2 of the C. P. C. seeking leave of this Court to sue as an indigent person in the Regular First Appeal preferred against the judgment and decree passed on 15-3 1988 by the Principal civil Judge, Bagalkot, in O. S. No. 129 of 1987. ( 2 ) AFTER the learned Government pleader was directed to take notice for the state regarding Court Fee, objections were filed by him opposing the petition for leave to sue as an indigent person. Thereafter, this Court passed an order directing the trial court to hold an enquiry into the question whether or not the petitioner is an indigent person unable to pay the prescribed court fee in the Regular first Appeal and to submit a report within a specified time limit. ( 3 ) THE trial court held an enquiry and submitted its report containing the findings holding that the petitioner is not an indigent person. The findings are based on the reasons which, in sum and substance, are to the effect that the petitioner is earning wages of Rs. 410/- per month as a labourer in a Petrol Pump, that the petitioner has a house in Bagalkot measuring 65 square yards and that the petitioner's land has been acquired for which the petitioner is getting compensation. ( 4 ) THE teamed Counsel appearing for the petitioner contended that the findings of the trial court cannot be sustained because the view taken by the trial court is oblivious of the fact that the petitioner has only a moiety in the house bearing C. T. S. No. 283 of Ward No. 8 of bagalkot which though measuring 65 square yards, only an extent of 321/2 square yards falls to the share of the petitioner and that the petitioner has a family to support consisting of himself, his wife and 3 children in the absence of any other shelter for the purpose of accommodation, and finally the compensation payable on account of acquisition of land is only to the extent of 1/3rd share of 4 acres 12 guntas of land actually acquired in sy. No. 136/2 consisting of a total extent of 5 acres 20 guntas. ( 5 ) I see considerable force in the submissions made by the learned Counsel appearing for the petitioner. No. 136/2 consisting of a total extent of 5 acres 20 guntas. ( 5 ) I see considerable force in the submissions made by the learned Counsel appearing for the petitioner. The trial court has overlooked crucial points which together constitute the basis for consideration as to whether or not the petitioner is an indigent person. Possession of a house, possession of some land and possibility of getting compensation do present a rosy picture. However, they become illusory when the compensation is yet to be received, when the petitioner has no other shelter to house his family, when the petitioner has only a moiety in the house and when the petitioner has 5 members to support including himself with wages of Rs. 410/- per month as an employee in a Petrol Pump. ( 6 ) THE above considerations pursuade me to reject the findings of the trial Court and to permit the petitioner to sue as an indigent person. However, it may be observed that in the event of the petitioner receiving the compensation due to him in respect of 1/3rd area of 4 acres 12 guntas of land acquired by the Government, there is always a residual liability to pay the court fee and the right to recover as far as the State is concerned. In these circumstances, I pass the following order : the Civil Petition is allowed and the petitioner is permitted to sue as an indigent person as prayed for in this Civil Petition. --- *** --- .