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2003 Supreme(AP) 1281

P.S.NARAYANA
Shanta Bai – Appellant
Versus
Trilok Chand – Respondent


P. S. NARAYANA, J.

( 1 ) THE plaintiff in O. S. SR no. 4409 of 2003 on the file of the District judge, Ranga Reddy District, L. B. Nagar at hyderabad, aggrieved by the order dated 28-6-2003 upholding the objection taken by the office relating to the payment of Court fee under Section 34 (1) of Andhra Pradesh court Fees and Suits Valuation Act, 1956, (for short hereinafter referred to as the Act for the purpose of convenience) has preferred the present Civil Revision Petition.

( 2 ) SRI B. Narasimha Sarma, the learned Counsel representing the revision petitioner submitted that in the plaint, the plaint schedule contains A, B and C schedule properties and the suit O. S. No. 484 of 1997, referred to in the plaint, relates to only the plaint-B schedule property. The learned counsel submitted that the mere pleading that the plaintiff along with Defendants 1 and 2 filed a suit for delivery of possession after evicting the defendants in the said suit, would not in anyway alter the situation as far as payment of Court fee is concerned, especially in the light of the fact that there is a specific pleading relating to joint possession. The learned counsel also submitted that even the Court





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