ORDER :-

ISMAIL, J.

O. S. No. 51 of 1969 on the file of the court of the Subordinate Judge. Nagapattinam, was instituted for a declaration that the sale deed dated 20-11-1969 executed by one Subramania Pillai in favour of the first defendant and the sale deed dated 20-1-1962 executed by Subramania Pillai in favour of the fourth defendant represented by the third defendant, were not binding on the plaintiff and for recovery of the suit Items 1 to 13 from the 1st defendant and Item 14 from the fifth defendant and Items 15 to 19 from the second defendant. The plaint properties were valued by the plaintiff in the suit in the trial court on the market value as on the date of the plaint and not on the consideration mentioned in the sale deeds. It is against the decree passed in that suit, the second defendant in so far as Items 15 to 19 are concerned had purported to file an appeal on the file of this court. In this appeal, he sought to value the subject-matter of the appeal not on the basis of the market value of the items concerned, but on the basis of the consideration recited in the document canc

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