MAIMU Vs. BEEBI

JUDGEMENT

(1.) This is a petition by defendants 3 to 9 in O. S. No. 305 of 1967 on the file of the Badagara Munsiff's Court to revise an order, which overruled their objection to the maintainability of the suit in that Court on the ground of jurisdiction. The suit is one for partition of an item of immovable property. The plaintiff also claimed her share of the income. She valued her share of the property at Rs. 4,000 and her share of the income as Rs. 875. Defendants 3 to 9 objected to the above valuation, stating that the market value of the plaintiff's share in the property and share of the income would exceed Rs. 5,000 and that the suit was not therefore, maintainable in the Munsiff's Court. The court below found that the suit falls under S.37(2) of the Kerala Court fees and Suits Valuation Act, 1959, and that in such a case S.53(1) of the Act applies and the plaintiff has got "an undisputed right to value the suit for the purpose of court fee and jurisdiction at her discretion".

(2.) There is no dispute that the suit falls under S.37(2). The petitioners contend that such a suit falls under S.53(2) and that S.53(1) has no application. I shall now read S.37(2) and S.53:

(3.) (i) a Munsiff's Court : Rupees twenty (ii) a Sub Court or a : Rupees one hundred if the value of plain.District Court tiff's share is Rs. 10,000 or less; and Rupees