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1966 Supreme(Ker) 212

P.T.RAMAN NAYAR
UMA ANTHERJANAM – Appellant
Versus
GOVINDARU NAMBOODIRIPAD – Respondent


Judgment :-

1. No error of jurisdiction. It seems to me clear that the proper way of reading the first of the following two clauses of sub-section (1) of S.40 of Kerala Act 10 of 1960: "If the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was executed;

if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property", is:

" If the whole decree or other document is sought to be cancelled, the amount for which the decree was passed or other document was executed, or the value of the property for which the decree was passed or other document was executed."

When the decree or other document is for property as distinguished from money it is the value (which in the absence of any indication to the contrary can mean only market value) of the property that counts, not the value as shown in the decree or other document. The second clause makes this clear it is impossible to misread this clause as the petitioner would have me misread the first clause and say that the value referred to is not the actual value of the property but the value shown in



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