MOONEY KONDIAH Vs. NAYUDU RAMANAREDDY

JUDGEMENT

(1.) The question raised in this revision petition relates to the valuation of the suit and the court-fee payable by the plaintiff.

(2.) The suit was laid for the grant of an injunction. The question whether the plaintiff has properly valued the suit and the adequacy of the court-fee paid by him, came up for consideration before the District Munsif on the basis of a check slip placed before the Court. The learned District Munsif came to the conclusion that there is a denial off the title by the defendant and consequently the suit has to be valued under clause (a) of Section 26 of the Andhra Court-Fees and Suits Valuation Act (hereinafter referred to as the Act) on the half of the market value of the property. The learned District Munsif observed inter alia that "in the light of the above allegations in the written statement it is clear that the plaintiffs title to the suit property is clearly denied by the defendant. the relief sought by the plaintiff relates too immovable property. I therefore, hold that the provisions of Section 26(a) of the Andhra Pradesh Court-Fees and Suits Valuation Act applies to the facts of the instant case."

(3.) In this revision petition the contention of the learned counsel for the petition is that the question whether the plaintiffs title to the property is denied should not be decided on the basis of the allegations made in the written statement. The question whether a dispute as to title arises must be considered solely with reference to the averments in the plaint. I think this contention is well founded.