1965 Supreme(Mad) 429
K.VEERASWAMI
Anbanathapuram Vagaira Charities, Tiruvilandur, Mayuram Town represented by its Manager, Krishnamurthi Pillai – Appellant
Versus
T. V. Soundararaja Ayyangar – Respondent
Advocates:
M.S. Venkatarama Iyer, for Petitioner.
Order.-These petitions raise a questions, of Court-fee. The suits filed by the petitioner, is the same in all the petitions were in ejectment the respondent in each case being the tenant. The plaint in each case alleged that the defendant had accepted the plaintiff as the owner of the property and agreed that he would surrender vacant possession of the suit land after removing the superstructure and that the tenant had put up superstructure. The plaint further stated that the tenancy was governed by the provisions of City Tenants Protection Act and, therefore, the requirement of that Act had been, complied with by the issue of a proper notice. The prayer in the suits was for a decree that the defendant should put the plaintiff in possession of the suit property and the superstructure thereon, on receiving a compensation of Rs. 1,000 the market value of the superstructure, and Rs. 2 for the tree and for payment of arrears of rent as may be determined For the purpose of Court-fee the prayer was valued under section 43(2) of the Madras Court-lees and Suits Valuation Act, 1955 and a Court-fee of Rs. 1-12 was paid. The Court-fee Examiner was of the view that a total Court-fee of Rs. 1-2
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