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1955 Supreme(Mad) 101

RAJAGOPALA AYYANGAR
Family Manager Ponnuswami Goundar – Appellant
Versus
Sinnana Goundar. – Respondent


Advocates:
S. Gopalaratnam for the Petitioner.
P.S.Ramachandran for Respondents.

Order

This revision petition by the plaintiff in O.S.No.509 of 1952 on the file of the District Munsif’s Court, Udumalpet, is against the Order of the District Munsif as regards the Court-fee payable on the plaint and raises for consideration the proper construction of the notification of 1st November, 1943, issued by the High Court under section 9 of the Suits Valuation Act as regards suits for injunction in relation to immovable property.

The notification is in these terms:

" In suits for injunction where the relief is sought with reference to any immovable property on the ground that the defendant denies title of the plaintiff to the property and disturbs or threatens plaintiff’s possession thereto, the value of the subject-matter of the suit shall not be less than half the value of the immovable property calculated in the manner provided for by paragraph (v) of section 7 of the Court-Fees Act of 1870.

The question for consideration in the revision is Whether the plaintiff has to value the suit in accordance with this notification. The allegations in the plaint are that certain immovable properties were purchased by the father of the plaintiff from the defendants on 13th August, 194













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