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1950 Supreme(Mad) 265

SUBBA RAO, PANCHAPAKESA AYYAR
Bendapudi Veera Venkatasubba Rao – Appellant
Versus
Rao Venkata Rao. – Respondent


Advocates:
C. Rama Rao for Petitioners.
The Government Pleader (P. Satyanarayana Raju) and Rao Venkata Rao for Respondent.

Judgment.-

This Civil Revision Petition raises a question of court-fee The facts necessary for appreciating the question raised may be briefly narrated. The plaintiffs filed O.S.No.81 of 1949 on the file of the Court of the Subordinate Judge, Kakinada, for recovery of possession of the properties described in A and B schedules annexed to the plaint. We are not concerned with the A schedule property, as nothing turns upon it in the revision. In regard to B schedule property, it is alleged in the plaint that the plaintiffs’ paternal grandfather, late Bendapudy Venkataratnam, purchased the property described in the B schedule for a sum of Rs.14,000 from the defendants under a registered sale deed, dated 16th January, 1945. In paragraph 17 of the plaint it is stated that

“The plaint B schedule property is an undivided southern half of a big plot and so the plaintiffs and the defendants are co-sharers of the big plot. The plaintiffs are entitled to have their southern half separated and to be put in separate possession of the same. As regards the said property, the plaintiffs pray for a decree for separation of the same and to put them in separate possession after evicting the defendants
















































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