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1999 Supreme(Mad) 620

S.S.SUBRAMANI
Raman – Appellant
Versus
Rahmathunnisa and two others – Respondent


Advocates:
Mr.T. Ayyasamy, Advocate for Petitioner. Mr.G. Sridharan, Advocate for Respondents.

Judgment :

1. Plaintiff in O.S.No. 34 of 1996 on the file of Additional District Munsif, Pudukottai is the revision petitioner.

2. Suit filed by petitioner is one for declaration’ of his title and for permanent prohibitory injunction restraining defendants from interfering in his possession.

3. At the time of when the suit was instituted, there was only three defendants. First defendant already filed his written statement on 29. 1994. Thereafter, first defendant sold the property and the purchaser was impleaded as additional 4th defendant as per order in I.A. No.541 of 1996 dated 9. 1997.

4. In the written statement filed by first defendant, he has not taken any objection regarding court-fee payable on the plaint. On the basis of purchase and after his impleadment, 4th defendant filed written statement, where he took objection regarding valuation of suit. Thereafter, he filed I.A. No.360 of 1997 to test the value of the suit property by a senior bailiff and basing his value with reference to the guideline of Registrar, maintained in the Joint Registrar’s office and also the actual market v alue on the date of suit and collect deficit court fees if any and decide the jurisdicti
















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