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1955 Supreme(Mad) 26

MACK, KRISHNASWAMI NAYUDU
Nariman K. Irani – Appellant
Versus
A. Batcha Sahib – Respondent


Advocates:
R.Gopalaswami Ayyangar, T.T.Srinivasan and A.N.Rangaswamy for Petitioners.
T.C.A.Anandalwar, K.Krishnaswami Ayyangar and K.Venkateswaran for Respondent.

Judgments:

Mack, J.-I have had the advantage of perusing the order of my learned brother on this vexed question of Court-fee arising out of section 7, clause (iv)(c) of the Court-fees Act which, as it stands, gives a plaintiff a right to value the relief he seeks in any manner he pleases in a suit to obtain a declaratory decree or order where consequential relief is prayed for. This right unrestricted in cases coming within the scope of section 7, clause (iv)(a), (b), (d), (e) and (f) is circumscribed by the proviso added by section 6 of the Court-fees (Amendment) Act, 1922, that in suits coming under section 7, clause (iv)(c) where the relief sought is with reference to any immovable property, such valuation shall not be less than half the value of the immovable property calculated by section 7(v). If that proviso is applicable to the suits before us filed by a mortgagor and puisne mortgagee for a declaration and injunction to restrain the mortgagees exercising their powers of sale under section 69(3) of the Transfer of Property Act, the amount due on the mortgages including unsealed interest amounting to about eight lakhs, not only will a very substantial ad valorem Court-fee be p























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