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1945 Supreme(Mad) 381

SOMAYYA


JUDGMENT

Somayya, J.

1. The question raised in this civil revision petition is that the suit is beyond the pecuniary jurisdiction of the District Munsiffs Court, Tirupattur. The suit is one for a declaration that the plaintiffs have certain customary and mamool rights--inter alia--to graze cattle, to take leaves for manure, to cut and take wood required for fuel and other building and domestic purposes and for agricultural implements and to take grass for roofing--all free of charges--in a forest area belonging to the second defendant who is the petitioner in this Court. There is also a prayer for injunction. The plaint was valued at Rs. 100 under Section 7, Clause (iv)(e), of the Court-fees Act. Objection was taken in the written statement that the correct value of the suit was above Rs. 3,000 and that the trial Court has no pecuniary jurisdiction to try the suit. The lower Court found in favour of the plaintiffs and held that the suit was properly valued and the second defendant has filed this revision petition. Mr. V.T. Rangaswami Aiyangar, the learned advocate for the petitioner, urges that this case comes directly under Clause (iv)(c) of Section 7, which runs thus:

Suit to obtain

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