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1960 Supreme(Mad) 377

RAJAGOPALAN, RAMACHANDRA.IYER, SRINIVASAN
Kuppanna Gounder – Appellant
Versus
Peruma Gounder – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Adv. Gerneral, S. Gopalaratnam and S. Mohan Kumaramangalam, Advs.
For Respondents/Defendant: T.M. Krishnaswami Iyer, A. Balasubramaniam and K.V. Sankaran, Advs.

JUDGMENT

Ramachandra Iyer, J.

1. This reference arises out of petitions filed under Article 133 of the constitution for grant of leave to appeal to the Supreme Court against the decree and judgment of this court in A. S. Nos. 286 and 376 of 1955. The judgment of this Court affirmed that of the trial court. It has been found that the appeal involves the determination of a substantial question of law. All that remains to be ascertained is whether the subject-matter of dispute in the court of the first instance and still in dispute in the appeal was and continues to be not less than Rs. 20,000.

2. The suit, out of which the appeal arises, was valued by respondents 1 and 2 who were the plaintiffs at Rs. 9650. They succeeded in the court of the first instance. When the petitioners, (defendants in the suit) filed appeals to this Court, they adopted that value, as indeed they were bound to do, for the purpose of payment of the necessary court-fee for the appeals. Petitioners now state that the aforesaid value, as estimated by respondents 1 and 2 and even as adopted by them, was erroneous, and that the real value of the Properties was and continued at all material times to be more than Rs. 2

























































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