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1946 Supreme(Mad) 99

HAPPELL
KR. RM. SM. RM. Ramanathan Chettiar – Appellant
Versus
K. AR. Ramanathan Chettiar alias Sethu Che ttiar – Respondent


Advocates:
R. Kesava Aiyangar for Petitioner.
The Government Pleader (K. Kuttikrishna Menon) and G.N. Chart for Respondents.

Judgment

The question in this civil revision petition relates to the court-fee payable in respect of a suit filed by the petitioner, O. S. No. 247 of 1942, in the Court of the District Munsiff of Devakottah. The substantial plaint prayers are (1) To declare that the sale deed dated 31st July, 1937, executed by the plaintiff in the name of the first defendant and relating to the plaint property is a nominal and sham transaction and that the first defendant had no title to the property covered by the said sale deed and (2) to grant an injunction restraining defendants 5 and 6 from bringing the property to sale in execution of a decree. The petitioner valued his suit for purpose of jurisdiction at Rs. 500 and paid a court-fee of Rs. 56-3-0 under section 7, clause (iv)(c) of the Court-Fees Act. The amount for which the sale deed in respect of which the declaration was sought in the plaint was executed is Rs. 6,000 and the District Munsiff held that the value of the suit was more than Rs. 5,000, so that he had no jurisdiction and that court-fee should be paid as for cancellation of the sale deed. The principal Subordinate Judge of Devakottah confirmed the order of the District Munsiff an




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