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1949 Supreme(Mad) 408

CHANDRA REDDI
C. Ramaswami – Appellant
Versus
Kunjammal. – Respondent


Advocates:
N.R. Govindachariar for Petitioners.
The Government Pleader (K.Kutti Krishna Menon) and P.S.Srinivasa Desikan for Respondents.

Judgment

This Civil Revision Petition raises a question relating to court-fee and jurisdiction. The plaintiff filed a suit for recovering possession of properties alienated by the first defendant, his mother and natural guardian. The suit is based on the allegations that the first defendant who was an illiterate woman inexperienced in life was influenced by her brother to alienate the properties for very low consideration in his favour and in favour of some of his nominees and that the alienations were not therefore binding on him. The plaintiff valued the suit under section 7(v) of the Court-fees Act at Rs. 2,589-6-0 and gave the same valuation for purposes of jurisdiction also and paid court-fee thereon. The defendants contended in the lower court that the plaintiff should have asked for cancellation of the sale deeds executed by his mother as guardian and paid court-fee under section 7(iv-A). The trial court took this matter up as a preliminary question and decided that the plaint should be construed as one asking for a prayer for cancellation of the sale deeds and that therefore the plaintiff should be called upon to pay court-fee under section 7(iv-4) of the Court-Fees Act. In














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