IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 CMCP.No. 36 of 2010() ---------------------------------- OS.369/2005 of II ADDL.SUB COURT,KOZHIKODE .................... APPELLANT/DEFENDANT --------------------------------------- CHERUKUDI MATTUVAYIL HARSHAN, AGED 52,S/O.GOPALAN,ELATHUR VILLAGE, ELATHUR DESOM,ELATHUR.P.O-673 303. BY SRI.C.M.HARSHAN (PARTY-IN-PERSON) RESPONDENT(S): PLAINTIFF --------------------------------------------- THEKKATTU ABDULLAKUTTY HAJI, AGED 63,S/O.AMATHUKUTTY,CHEMANCHERI VILLAGE, THIRUVANNUR DESOM,THIRUVANNUR.P.O, KOYILANDY TALUK-673 310. R1 ADVS. SRI.V.V.SURENDRAN, SRI.P.A.HARISH, SMT.RESMI NANDANAN. THIS CIVIL MISC. CASE(PAUPER) HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = C.M.C.P.36/2010 in R.F.A. /2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of January, 2011. Order Thottathil B.Radhakrishnan, J. This is an appeal where the court fee payable is Rs.4,36,320/-. The appellant pleads that he does not have means to pay the court fee. The private respondent does not contest this allegation. The Tahsildar, Kozhikode is on record stating that the enquiry conducted says that the appellant has 51 cents of land, that is, the plaint schedule property. The Tahsildar says that the appellant has no job but owns a jeep in his wife's name. May be that the Tahsildar means that the appellant's wife has a jeep. The Tahsildar also says that the appellant has not disposed of any property within two months and his annual income is only Rs.24,000/-. With this, we are satisfied CMCP36/10 -: 2 :- that sufficient cause has been shown by the appellant for grant of permission to sue as an indigent person. C.M.C.P.is accordingly allowed. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/2401