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1937 Supreme(Mad) 45

VENKATASUBBA RAO


JUDGMENT

Venkatasubba Rao, J.

1. The question raised in this batch of second appeals is, what is the right principle to be applied in regard to valuation of suits filed under Section 112 of the Madras Estates Land Act? Chapter VI of that Act deals inter alia with the sale of the ryots holdings for arrears of rents due. S. Ill provides that when an arrear is not paid within the revenue year in which it accrued due it shall be lawful for the landholder to sell the holding or any part thereof in the prescribed manner. Section 112 then enacts that it shall be incumbent on the landholder intending to avail himself of this power, to serve a written notice on the defaulter, first, stating the amount due and secondly informing him that in default of his paying the amount or of his filing a suit contesting the landholders right to sell within the time specified, the holding or a part thereof, as the case may be, will be sold. The present appeals arise out of suits filed by the tenants concerned under the last mentioned section. In both the Courts below, the tenants were successful and the second appeals here have been filed by the landholder. The question is, what is the proper court-fee paya








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