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1951 Supreme(Mad) 214

VENKATARAMA AYYAR
Pappukannu Anni – Appellant
Versus
S. Thoppayya Mudaliar – Respondent


Advocates:
R. Sundaralingam for Petitioner.
V.V. Raghavan for The Government Pleader (P. Satyanarayana Raju) for the State.

Judgment. -

This is a petition to revise the order of the learned District Munsiff of Tiruturaipundi calling upon the plaintiff in O.S. No. 407 of 1949 to pay additional court-fee. The allegations in the plaint are that the plaintiff and defendants are owners of neighbouring lands, that the defendants whose lands are on a higher level are attempting to pass on the surplus water of their lands to the lands belonging to the plaintiff by cutting the bund and that they have no right to do so. The prayers in the plaint are (1): for a declaration that the defendants 1 and 2 have no right to drain their water from their fields into the fields of the plaintiff and (2): for a permanent injunction restraining the defendants from cutting open the bund and draining their surplus water into the fields of the plaintiff. The plaintiff valued the former relief under section 7, clause (IV)(c) of the Court-Fees Act at Rs. 10 and the latter relief under section 7, clause (IV)(d) at Rs. 10 and paid court-fee on Rs. 20.

The defendants raised an objection to the correctness of the court-fee paid by the plaintiff. Thereupon the plaintiff filed I.A. No. 189 of 1950 for revising his valuation with reference


















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