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1968 Supreme(Ker) 153

V.R.KRISHNA IYER
Kunju Mohammed Kunju – Appellant
Versus
Kunju Auwa Ummal – Respondent


Judgment :-

1. The question raised in this revision petition is as to the correct jurisdictional value for the suit upon which depends the forum in which the action should be instituted. The suit itself was filed early in 1963 and full 5 years have run and the parties find themselves still engaged in the battle of jurisdiction. It is unfortunate that even simple suits for partition should lengthen themselves into periods of big projects shaking the confidence of the people in quick justice. I dare say the Court and the parties in this case will get ready to get on with the suit so that the adjudication may be over without further dilatory tactics. It does injury to both and to public interest to have litigation lengthened beyond limits, a circumstance which the learned Munsiff will take note of when this case is next posted for hearing.

2. The only plea that has been pressed before me on behalf of petitioner is that the computation of the market value for purposes of jurisdiction under S.53 (2) of the Kerala Court Fees and Suits Valuation has been wrongly done on the basis of multiplying the profits from the immovable property which is the subject matter of the partition suit. The l







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