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1971 Supreme(Del) 107

S.N.ANDLEY, T.V.R.TATACHARI
RANCHHODDAS SHAMJI KHIRIANI – Appellant
Versus
BALWANT KAUR MALIK – Respondent


Advocates Appeared:
T.P.S.CHAWLA, Y.Dayal

S. N. Andley, J.

( 1 ) THE difficulty isc applying the second proviso incorporated by the Punjab Court Fees (Amendment) Act, 1953. which has been extended to Delhi to section 7 (iv) (c) of the Court Fees Act to properties other than land, houses and gardens led one of us (Andley J.) to refer this revision to a larger Bench.

( 2 ) THE petitioners as plaintiffs filed Suit No. 82 of 1962 against the respondent in the Court of the Senior Subordinate Judge, Delhi. The suit was for declaration and injunction; for payment of a specific amount; for payment of amounts that may be due during and after the disposal of the suit: for interest and for delivery of future dividend warrants. The case of the petitioners was that the respondent had. in 1954. sold 186 ordinary shares of the Brihan Maharashtra Sugar Syndicate Ltd. , a public limited company, to petitioner No. 1 in consideration of Rs. 4650 and in exchange for and against delivery by the respondent of the respective share certificates with the relative transfer forms executed by the respondent in blank. The respondent is also alleged to have given an undertaking at the time that all documents of title as may be required will be executed

















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