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1953 Supreme(Mad) 203

CHANDRA REDDI
Nidugonda Rudramani – Appellant
Versus
Chanduvula Srisailam – Respondent


Advocates:
K. Srinivasan, R. Aravamudha Aiyangar and A.R. Subrahmanyam for Petitioners.
D.L.N. Raju for The Government Pleader (P. Satyanarayana Raju) for the State.

Judgment.-

This petition raises a question relating to court-fee. The petitioners instituted a suit for ejectment of the defendants from the suit house alleging that the defendants who were let into possession of the suit house as licensee refused to vacate the same when demanded. They valued the suit under section 7(xi)(cc) of the Court-Fees Act. The recitals in the plaint were that in a partition between the plaintiffs and their brother the suit house was allotted to the share of the latter, that their brother allowed the defendants to use the suit house as licensees that after the death of their brother they became entitled to the property and that in spite of the revocation of the licence the defendants refused to surrender possession of the same to them and denied the plaintiffs’ right.

On an objection taken by the Court-Fee Examiner that the suit was not correctly valued, the question was gone into by the District Munsif and it was decided by him that the value had to be computed for purposes of court-fee under section 7 (v) (e) and not under section 7(xi)(cc) of the Act. In that view of the matter, the trial court called upon the plaintiffs to give the market-value of the prop













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