SHIVAPPA SATYAPPA MUDAKANNAVAR Vs. SATYAPPA YELLAPPA MUTTAPAGOL

JUDGEMENT

(1.) What is the Court fee payable in a suit by a reversioner on the death of a Hindu widow to set aside the alienation by her, of the property of her husband and for possession of that property? That is the question that arises for determination in this revision petition.

(2.) Defendant-3 purports to be the adopted son of one Madawa who died as a widow. The plaintiff claims to be a reversioner after her death. She and defendant-3 sold the suit house to defendant-2 under the sale deea dated 12-7-1950 for Rs.500. Defendant-2 in turn gifted the suit house to defendant-1 under the deed of gift dated 8-5-1957.

(3.) The plaintiff has pleaded that the adoption of defendant-3 by Madawa was illegal and that there was no legal necessity lor her to sell the suit house the reliefs prayed for in the suit are- (i) setting aside the ahenation of the suit house by deceased Madawa and defendant-3 in favour of defendant-2; (ii) setting aside the further alienation of the suit house by defendant-2 in favour of defendant-1; and (iii) recovery of possession of the suit house The plaintiff valued the suit at Rs.500 under sub-sec. (1) of S.38 of the Mysore Court-fees and Suits Valuption Act, 1958, (hereinafter referred to as the Act) and paid the Court-fee accordingly.