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1961 Supreme(SC) 78

J.L.KAPUR, M.HIDAYATULLAH, J.C.SHAH
Rathnavarmaraja – Appellant
Versus
Vimla – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.R.L.Iyengar, G.GOPALAKRISHNAN, GAGRAT JANEDRA LAL, K.R.KARANTH, R.Ganapathy Iyer, R.GOPAL KRISHNAN, T.M.SEN

Judgment

SHAH, J. : Smt. Vimla - hereinafter referred to as the plaintiff - filed suit No. 73 of 1956 in the court of the Subordinate Judge, south Kanara, for a decree for possession of lands, buildings, house-sites described in sch. A and movable properties described in sch. B and for mesne profits in respect of properties described in sch. A and for a decree "for possession and management" and for account of the properties described in sch. C and institutions alleged to be the private family religious endowments in sch. D. The plaintiff claimed that on the death of her father Shri Dharmasthala Manjayya Heggade on August 31, 1955, she became entitled to the properties in suit but the defendant wrongfully possessed himself of those properties. The plaintiff valued the properties in schs. C and D under S. 28 of the Madras Court-fees and Suits Valuation Act, 1955, at Rs. 21,000 and paid a court-fee of Rs. 275. She valued the lands in schedule A for purposes of jurisdiction at 30 times the assessment & separately valued the buildings and paid court-fee on that footing. On June 28, 1956, the subordinate Judge ordered on an objection raised by his office that the amount of Rs. 34,577 pai






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