PADMANABHA PILLAI KRISHNA PILLAI Vs. DAMODARAN VASUDEVAN

JUDGEMENT

(1.) An application to sue in forma pauperis was dismissed by the court below on the ground that the petitioner was possessed of means. He has therefore preferred this civil revision petition.

(2.) The suit was filed by the karnavan of a marumakkathayam tarwad on behalf of the tarwad. The tarwad was possessed of a plot of land, 14 cents in extent. The petition was filed in the court below on 10-2-1962. On 9-12-1961 the petitioner had mortgaged this property for a sum of Rs. 200/-. The court below found that the value of the property was Rs. 2,450/-, that the mortgage (Ext. D1) was a suspicious document and that even if the mortgage was valid the price of the equity of redemption was more than sufficient to pay the court fee of Rs. 1,091.25.

(3.) Two points were raised on behalf of the petitioner. One was that the court below was not justified in valuing the property at Rs. 2,450/-. This valuation was based on the price of a neighbouring property situated 300 feet away sold under Ext. D 3 dated 23-3-1957. Ext. D 3 was proved by the first respondent who was examined as Cpw.1. He stated that the 14 cents belonging to the tarwad would fetch the same price. I do not feel there is any justification in interfering with this finding.