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1996 Supreme(Ker) 191

P.K.BALASUBRAMANYAN, P.SHANMUGAM
Kunnappadi Kalliani – Appellant
Versus
Lekharaj – Respondent


Judgment :-

Balasubramanyan, J.

These appeals are filed under S.96 of the Code of Civil Procedure. The first of the appeals is filed against the decree in O.S.23 of 1992 on the file of the Subordinate Judge's Court of Trichur. The suit giving rise to that appeal was filed on 30.12.1991. The suit was one for declaration that the sale deed impugned in the suit was not binding on The plaint schedule property of the plaintiff, that the plaintiff had title and possession over the property and for a perpetual injunction restraining the defendants from interfering with the possession of the plaintiff. The plaintiff valued the reliefs claimed in the plaint at Rs. 28,000/-. On the suit being dismissed on 29,2.1996, the plaintiff filed the appeal in this Court, on 29.5.1996.

2. Under S.12 of the Kerala Civil Courts Act, all appeals from the decree of a District Court or a Subordinate Judge's Court lay to High Court save as provided in S.13 of the Act. Originally, S.13(1) provided that the appeals from decrees in suits, the subject matter of which did not exceed Rs. 7,500/-, lay to the District Court. The limit was raised to Rs. 10,000/- with effect from 26.3.1959 by virtue of Act 12 of 1959. T












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