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1924 Supreme(Mad) 221

ODGERS
Prathipati Suryanarayana – Appellant
Versus
Prathipati Seshayya – Respondent


ORDER

Odgers, J.

1. This is a revision petition presented against the decision of the Additional District Munsif of Guntur in which he held that the plaintiffs suit bad not been properly valued. He held that ad valorem Court-fee on the value of the property claimed must be paid.

2. Now the value of the suit is to be ascertained from the plaint and the plaint sets out that the suit is one for partition. It is brought by the plaintiff, the younger brother of the 1st defendant. The 3rd defendant is the undivided son of the 1st, and the 4th and 5th defendants, the sons of the 2nd defendant. According to the plaint, in the year 1912 it was arranged that a division should take place and certain vessels and working utensils were divided out into three equal shares. The 1st defendant had been the manager of the joint family and he was apparently unwilling to divide the rest of the property, moveable and immoveable. The plaintiff has admittedly collected and applied to his own use certain rents from the family land, and it is alleged that the 1st defendant has done the same thing with regard to granting cowls of other portions of the family land which the plaintiff says the 1st defendant is li



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