SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1934 Supreme(Mad) 391

Dasari Nagabhushanam – Appellant
Versus
Kunameeni Venkatappayya – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. In my opinion, the view of the Court-fee Examiner and the decision of the District Munsif supporting that view, are clearly wrong. There is a distinction between the getting rid of a document to which a person is a party and one to which he is not. The plaintiff in the suit complains that the sale-deed was forged by the defendant, that in spite of his objection, the Registrar directed its registration and he prays that the instrument may be declared to be a forgery.

2. When a person impeaches a deed as having been forged, to refer to him as being a party to it, is an obvious misuse ofss words. Mr. K. Subba Rao, who supports the lower Courts view, contends that the provision applicable is Section 7(iv-A) of the Court-Fees Act, which runs thus:

In a suit for cancellation of a decree for money or other property having a money value, or other document securing money or other property having such value, according to the value of the subject-matter of the suit, and such value shall be deemed to be - if the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or the other document exe












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top