Chennai Court April 1930 Judgments

P.R. Srinivasa Aiyar Vs. K.S. Krishnaswami Aiyar and ors.

Court: Chennai

Reported in: (1930)59MLJ913

Jackson, J.1. This application raises the question whether a suit should be valued notionally or ad, valorem, the decision of which will also involve the farther question of jurisdiction. The learned District Judge has held that the suit can be valued notionally setting aside the order of the learned District Munsif that the valuation should be according to the market value. The respondent frankly admits that the judgment of the learned Judge can only be supported if it is found that this suit falls under Section 7(iv)(b) of the Court Fees Act. The plaintiff states in his plaint that the family has been divided in status since 1921 and now he sues for a partition by metes and bounds. Is it a suit to enforce the right to share in any property on the ground that it is joint family property? This is by no means an easy question to decide, but I think it is answered authoritatively by Rangiah Chetty v. Subramania Chetty (1910) 21 M.L.J. 21. Krishnaswami Aiyar, J., observes at page 26:There...