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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
NANU NADUKKANDIYIL – Appellant
Versus
AMMAD VADAKKEPUTHANPURAYIL – Respondent
| Table of Content |
|---|
| 1. initial appeal basis and facts leading to rejection. (Para 1 , 2) |
| 2. main legal questions framed for consideration. (Para 3 , 4) |
| 3. arguments presented by both parties regarding valuation. (Para 5 , 6) |
| 4. court's reasoning aligned with precedent on valuation duties. (Para 7 , 8) |
| 5. final ruling and directive for retrial. (Para 9 , 10) |
JUDGMENT
The plaintiff in a suit for declaration and injunction has come up in this appeal aggrieved by the rejection of the plaint under Order 7 Rule
11(b) of the Code of Civil Procedure, 1908 .
2. The brief facts necessary for the disposal of this appeal are as follows:
The plaintiff sued the defendant in a declaration of title and injunction by showing the market value of an extent of 1.95 Acres as Rs,10,000/- and paying court fee under Sections 25 (b) and 27(c) of the Kerala Court Fees and Suits Valuation Act, 1959 at Rs.220/-. The defendants entered appearance and raised a preliminary issue regarding the valuation of the suit and contended that the valuation is not proper. According to the defendant, the mandatory requirement of Section 10 of the Kerala Court Fees and Suits Valuation Act, 1952 (1959), is not complied with. The trial
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