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1964 Supreme(AP) 130

NARASIMHAM, P.CHANDRA REDDY
Pisupati Ramachandraiah – Appellant
Versus
Pisupati Lakshmidevamma – Respondent


CHANDRA REDDY, C. J.

( 1 ) THE proper interpretation of sections 39 (e) and 24 (d) of the Andhra Court-Fees and Suits Valuation Act (hereinafter referred to as the act) is involved in this revision petition. The two questions that pose themselves before us are (1) whether the suit for specific performance of a family settlement falls within the purview of section 39 (e), and (2) whether the valuation fixed by the plaintiff for the declaratory relief falling under section 24 (d) of the Act is correct the two points arise in the following circumstances. The petitioner laid an action for the specific performance of a family arrangement said to have been arrived at between himself and defendants, by and under which he was to get a 2/5th share of a-1 schedule excluding items 1, 2, 3 and 5 to 7 ; 1/5th share in the compensation to be awarded for item 4 of a schedule and item 2 of a-1 schedule, in addition to b schedule and 1/5th share of c schedule. In the alternative he prayed for a declaration that he was entitled to 2/5th share in a and a-1 schedules and to the entirety of b and c schedules. For purposes of court-fee he valued the relief of specific performance under











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