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1950 Supreme(Ker) 55

KOSHI, GANGADHARA MENON
Veronica – Appellant
Versus
State – Respondent


Judgment :-

1. This appeal is now before us in connection with the office report that proper court-fee has not been paid with respect thereof. The appeal arises from a suit instituted by certain junior members of an Ezhava family for recovery of possession of certain properties alienated by the senior members of the family. The alienation was in 1102 and all the then adult members had taken part in it. The suit was filed in 1120. In the suit the alienation was sought to be impugned as unsupported by consideration and without bonafides or family necessity. The learned temporary Additional District Judge, Anjikaimal, who heard and disposed of the suit granted the plaintiffs a decree almost in terms of the plaint and defendant 10, who is the present owner of one of the two items (item 2) alienated, has brought this appeal against that decree. The appeal has been valued for purposes of court-fees as one arising from a suit for recovery of possession of immovable property. The suit was valued likewise. The appellant has paid court-fee on the above basis on the market value of item 2. Mesne profits have also been decreed against her and in the appeal court-fee is paid on the total valuat



























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