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1977 Supreme(Ker) 260

K.K.NARENDRAN
KUNHANUNNI – Appellant
Versus
KUNHANUNNI MOOPIL NAYAR – Respondent


Judgment :-

1. A question of court-fee arises for consideration in this Civil Revision Petition. The question is how a relief for a declaration that the 1st defendant, the hereditary trustee of a temple of a Swaroopam has no right to continue in management, for a permanent injunction to restrain him from continuing the management and for the appointment of the 2nd defendant or the 1st plaintiff as trustee in his place is to be valued for the purposes of court-fee. Is the relief capable of valuation and is the court-fee to be computed on the market value of the properties held under trust or is the relief incapable of valuation and is the court-fee to be levied under S.25 (d) (ii) of the Kerala Court-Fees and Suits Valuation Act, 1959, for the short the Act. The decision of the question depends upon the fact whether the hereditary trustee has only a bare right to manage or has a personal interest of a beneficial character in the properties of the trust. If a bare right to manage cannot be treated as property under Art.19 (1) of the Constitution and the custody of the properties will not amount to a beneficial interest in the properties, is the relief prayed for capable of valuation?


































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