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1945 Supreme(Mad) 350

YAHYA ALI
S. R. M. Ramanujam Pillai – Appellant
Versus
Ramaswami Pillai – Respondent


JUDGMENT

Yahya Ali, J.

1. The question involved in this petition is whether certain reliefs in the plaint should be valued for Court-fee purposes under Section 7(iv) A as for cancellation of an instrument. The matter was considered by the lower Court on an objection raised by the Court-fee examiner and it was found that the valuation had to be made under the aforementioned provision and an additional Court-fee should be paid ad valorem on the amount of the mortgages and the value of the properties comprised in the sale deeds, in favour of defendants 5 and 6, mentioned in the plaint.

2. The suit is on a mortgage bond executed by the first defendant in plaintiffs favour on the 17th January, 1931, for Rs. 2,000. The first defendant at the time of the execution of the mortgage was the manager of a joint Hindu family consisting of himself and his brothers, defendants 2, 3 and 4. They are the sons of one Muthu Karuppa Pillai, who died shortlybefore the execution of the suit mortgage. During the lifetime of Muthu Karuppa Pillai he had executed on the 9th May, 1928, a mortgage in favour of the fifth defendant of item 4 in the plaint schedule. The fifth defendant is the son-in-law of Muthu Kar














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