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1970 Supreme(Bom) 138

M.G.CHITALE, N.P.NATHWANI
The Municipal Corporation of Greater Bombay – Appellant
Versus
Hasham Ismail Mamsa – Respondent


JUDGMENT - Chitale, J.

1. This is an appeal against the decision of Vaidya, J. in Appeal from Order No. 405 of 1969 reversing the order of the trial Court holding that the suit in question fell under S. 6 (iv) (a) of the Court - fees Act, and it had no jurisdiction to entertain the suit, the valuation of the subject - matter of the suit being over Rs. 25,000/-.

2. In the opinion of Vaidya, J., the suit was essentially a suit for accounts and it fell under S. 6 (iv) (I) of the Court - fees Act. The relevant prayers in the prayer clause of the plaint read thus :- (p. 93/p.bk)

(a) That the defendants may be ordered and decreed to render to the plaintiff the account of the aforesaid payments from time to time made to the defendants for property taxes of the plaintiffs said immovable properties and on taking up such account to pay to the plaintiff such amount as may be found due and payable by the defendants to the plaintiff.

(b) That it may be declared that the amount of property taxes for which the said bills are from time to time are served on the plaintiff is paid to the defendants and nothing is due and payable by the plaintiff to the defendants for the property taxes for the period u





















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