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1965 Supreme(Ker) 363

C.A.VAIDIALINGAM
Ayisha – Appellant
Versus
Kunhimayan Haji – Respondent


ORDER

C.A. Vaidialingam, J.

1. In this Civil Revision Petition, on behalf of the plaintiff-petitioner Mr. K.P. Ramunni Menon, learned counsel, challenges the order of the learned District Judge of Tellicherry, dated 28th October 1964, recording a finding on issue No. 17 in the suit as against the plaintiff.

2. Issue No. 17 related to the question as to whether the suit is correctly valued and proper court fee has been paid. Before I come to the order that has been passed by the learned District Judge, it is necessary to refer to certain proceedings that were taken on a prior occasion in the Subordinate Judge's Court, Tellicherry.

3. The suit itself was originally filed as O.S. No. 14 of 1957 on the file of the Subordinate Judge's Court, Kozhikode, and was for partition and separate possession at that time of 1/53 share in the assets of a Moplah Marumakkathayam thavazhi known as Eranhal Karuvante Valappil thavazhi. There is no controversy that as the suit as at present stands, the plaintiff will be entitled to claim only 1/56 share in the partible tavazhi properties. The plaintiff had included in the plaint five schedules as assets in which she is entitled to partition. Schedule A relat






































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