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1969 Supreme(Ker) 288

P.S.POTI
P. J. Mathai – Appellant
Versus
C. P. Scharia – Respondent


ORDER

P. Subramonian Poti, J.

1. The sufficiency of court fee paid on the plaint, in a suit for recovery of money and also for mandatory injunction directing the defendant to sign certain papers necessary for the purpose of transfer of the registration certificate of certain motor vehicles, is the subject matter of this revision petition. The plaintiff, who had entered into an agreement with the Ist defendant to purchase three lorries, has filed this suit on the allegation that he had to pay certain amounts due in respect of these vehicles, which he seeks to recover from the Ist defendant. It is also his case that the Ist defendant did not sign the necessary papers to be produced before the Regional Transport Authority for transfer of the motor vehicles so as "to complete the ownership". The court below, in the order, which is under revision, held that the suit is really one for specific performance of the agreement to sell the lorries and, therefore, ought to be valued under S.42(a) of the Kerala Court Fees and Suit Valuation Act, 1960. It is this finding that is attacked before me in this revision petition.

2. The learned counsel for the petitioner contends that he has not prayed fo




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