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1925 Supreme(Mad) 320

ODGERS
V. N. Alagar Aiyangar – Appellant
Versus
Srinivasa Aiyangar – Respondent


JUDGMENT

Odgers, J.

1. This is an application to revise the order of the District Judge of Ramnad in C.M.A. No. 1 of 1924. The plaintiffs in O.S. No. 954 of 1922, on the file of the Principal District Munsifs Court of Srivilliputhur, seek for a declaration that certain alienations made by the 1st defendant in respect of certain items of property are not valid and binding as against the two-thirds share of the plaintiffs and for partition and possession of two-thirds share in these and other plaint properties. The plaint properties are the joint properties of the plaintiffs and their father, the 1st defendant who was the family manager. They originally valued the plaint as if it were one for possession of their two-thirds share in all the plaint schedule properties and paid ad valorem Court-fee apparently in accordance with Section 7(v) of that Court-fees Act. The learned District Munsif held that the suit, although in form for a declaration was really one for the setting aside or the cancellation of the sale-deeds executed by the 1st defendant in so far as they related to the shares of the plaintiffs, and valued the plaint reliefs at Rs. 3,965. This was outside his pecuniary jurisdic

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