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1927 Supreme(Nagpur) 16

KOTVAL, FINDLAY, KINKHEDE
NOKSING – Appellant
Versus
BHOLUSING – Respondent


JUDGMENT

Kinkhede, A J C—Plaintiff Noksing instituted the suit out of which the present application for revision arises on a stamp of Rs. 20 in the Court of Second Class Subordinate Judge, Akola, valuing the subject-matter at Rs. 400 and praying for the following relief:

2. That a decree be passed that the adoption of defendant 1 by defendant 2 to her husband is invalid as being against law and that defendant 1 cannot thereby be the adopted son of Kisan Singh, and that therefore he is not entitled to become the owner of the property described in para. 1 (but the words ''and that para, 1'' had been scored out from the plaint before it was presented in Court). The invalidity is said to be due to want of husband's authority and to defendant 1 being the son of Kisan Sing's daughter defendant 3. A preliminary objection was raised that the value of property, title to which was affected by the declaratory suit was Rs. 15,000 and that the plaint should bear a fee ad valorem that property.

3. The plaintiff replied that he wanted only a declaration that the alleged adoption is invalid and had properly valued his suit at Rs. 400 for purposes of jurisdiction as required by the Judicial Commission


































































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