S.M.N.RAINA
PARTAP – Appellant
Versus
PUNIYA BAI – Respondent
( 1 ) THIS is a revision petition under Section 115 of the Code of Civil Procedure.
( 2 ) NON-APPLICANT No. 1 filed a suit for declaration of her title over the land in suit and for confirmation of possession thereof. She paid court-fees of Rs. 30/on the relief of declaration and of Rs. 55/-on the relief of confirmation of possession on the basis of half of 20 times of the land revenue of the land as she claimed only half share therein. The defendant-applicant raised an objection that the suit was not properly valued for court-fees. This objection was disallowed by the trial Court. Being aggrieved thereby the applicant has filed this revision petition.
( 3 ) THE case of the plaintiff as laid in the plaint is as follows. She is an old illiterate village woman residing in the interior of Chhindwara district having no knowledge or experience of the working of Courts and offices. She owns half share in the land in suit. The other half is held by her sisters-in-law. Defendant no. 1 who is her uterine brother resides in a nereby village and the plaintiff seeks his advice from time to time. Thus he wielded considerable influence on her and gained her confidence. In or a
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