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1954 Supreme(Mad) 333

KRISHNASWAMI NAYUDU
R. D. Somasundaram Pillai, a person of unsound mind, by his second son and next friend S. Bhuvaneswar – Appellant
Versus
S. Janaki Ammal – Respondent


Advocates:
K. Veeraswami and G. Ramanujam for Petitioner.
The Government Pleader (C.A. Vaidialingam) for Respondents.

Judgment.-The point that arises in this revision petition is as to whether the fixed court-fee paid on the plaint under Schedule II, Article 17-A(1) is correct, the view taken by the lower Court being that the court-fee should be paid under section 7(iv-A).

The suit is on behalf of a person, who is described as of unsound mind, by a next friend for a declaration that a deed of gift executed by the plaintiff, dated 21st February, 1949, is void and not binding on him and for an injunction restraining the defendants from interfering with the plaintiff’s possession through the next friend. The plaintiff paid a fixed court-fee of Rs. 15 for the relief for declaration and valued relief for injunction at Rs. 100 and paid a court-fee of Rs. 11-1-0. The allegations in the plaint are in substance that the plaintiff was a person of unsound mind incapable of understanding and managing his own affairs, that the second defendant taking advantage of his (plaintiff’s) physical presence in his house obtained a deed of gift in favour of his wife with false recitals, that the mental condition of the plaintiff was particularly bad at the time of the execution of the deed of gift and he was not in a sou








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