LAKSHMIKUTTI AMMAL Vs. VELAYUDHAN ASARI

JUDGEMENT

(1.) IN this revision, Mr. C. S. Rajan, learned counsel for the defendant-petitioner, attacks the findings recorded by the learned Munsiff, Trivandrum on issue (ii) in O. S. No. 341 of 1964.

(2.) THE plaintiffs have instituted the suit in question for a declaration of their title to the suit properties as well as for recovery of possession together with mesne profits from the defendants.

(3.) ISSUE No. (ii) appears to relate to the question as to whether the claim made in Para. 17 regarding the various amounts referred to above does not amount to a counter-claim so as to attract the provisions of S. 8 of the Court Fees Act and justify the levy of court fees before the claim of the defendants is adjudicated by the court.