THOLICHI SHAHEETH Vs. THARAYIL PEEDIKAYIL KAZHUNGIL KUNHAMINABI

JUDGEMENT

(1.) THE suit is one for a decree of permanent prohibitory injunction. THE plaintiff had initially paid court fee under Section 27(c) of the Kerala Court Fees and Suits Valuation Act. THE defendants disputed not only the possession but also the title of the plaintiff. THE plaintiff therefore paid court fee under Section 27(a) of the Kerala Court Fees and Suits Valuation Act.

(2.) IT is conceded at the Bar that the court below has already framed an issue on title as evident by Ext.P3. The court below was therefore obliged to answer the issue and render a finding on title as well. There was no necessity to incorporate a prayer for declaration of title in the plaint under the circumstances. This is particularly so when the necessary foundation for assertion of title has already been laid in the plaint.

(3.) THE Original Petition is allowed subject to the above reservation.