AI Structured Summary
Not yet generated for this judgment
Judgment
King, J.— Kattiya Pillai alias Sernthaya Pillai and Another Vs. Ramaswamia Pillai (insane) by wife and next friend and Others, and
Manakkat Tekkepeedikayil Kooleri Naduvile Purayil Abdulla and eleven Ors. Vs. Subramanyan Pattar and Others, show that it is the substance
of the relief claimed that must be looked to in questions of court-fee and jurisdiction. I certainly agree with the learned District Munsif, that
plaintiff''s real purpose in this suit is to get an adjudication on the sale deed to which he refers repeatedly in his plaint. The cases quoted against this
view of the law, Veerappa Chettiar v. Arunachalam Chetti (1935) 43 L.W. 334 and Karaia Nachi Bivi Vs. Allapichai alias Nyna Muhammad
Marackair (since deceased) and Others, , are clearly distinguishable-the former because in it there was no dispute apparent as to title, and the
latter because it deals only with the need to assume the truth of the facts asserted in a plaint. In my opinion therefore the learned Subordinate Judge
was wrong in his view that the plaint should be valued as if it were for an injunction and nothing else, and it is he and not the District Munsif who
has jurisdiction. His order is therefore set aside, and the order of the learned District Munsif restored. Costs of this appeal and of the appeal in the
Court of the Subordinate Judge to be paid by the respondent.