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1950 Supreme(Ori) 20

RAY, PANIGRAHI
Madano Mohano Naiko – Appellant
Versus
Arjun Naiko – Respondent


Advocates:
D.V. Narasing Rao, for Petnr - K. Patnaik Govt Advocate, for Opposite Party.

Judgement

PANIGRAHI, J. :- This revision is directed against the order of the Subordinate Judge, Berhampur, calling upon the pltf to pay ad valorem Court-fee on his plaint. The pltf filed a suit for possession of certain lands alleged to be his Sardar Inam lands. The Revenue Ct in a suit brought under the Madras Hereditary Village Offices Act (Madras Act III (3) of 1895) proceeded on the assumption that the inam consisted of the emoluments arising from the lands and left it open to the pltf to establish his right to the land itself in a civil Ct. The pltf, thereafter raised this suit for establishing his right to the land as constituting a part of his emoluments in lieu of the Sardar service and prayed for possession of the land, and in the alternative prayed for partition of the same and possession of one-sixth share. The pltfs case primarily is that the land itself constituted the inam. If however the Ct should hold that it is not so. he wants to avail himself of the alternative remedy on the basis that the land would form a part of joint family property and would be available for partition. The pltf valued the occupancy right at Rs. 20,000/- but, for purposes of Court-fee, valued




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