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IN THE HIGH COURT OF MADRAS
Venkataramana Rao, J.
N. Muthusivami Pillai and Ors.
Versus
N.S. Manickavasagam Pillai and Ors.
Decided On : 04.01.1937
court-fee - Section 92, Civil P.C. - The suit was instituted under Section 92, Civil P.C. for the removal of defendants from possession of the suit property, appointment of a trustee, vesting the property in the trustee, framing a scheme for its management, and other reliefs. The fixed fee paid under Article 17(iii), Schedule 2, Madras Court-fees Amending Act was challenged.
Fact of the Case:
The suit was filed under Section 92, Civil P.C. for various reliefs related to a property acquired and constructed out of caste funds for religious and charitable purposes.
Finding of the Court:
The court analyzed the nature of the suit property and the allegations in the plaint to determine the applicability of court-fees. The court concluded that the suit was maintainable under Section 92, Civil P.C. and the fixed fee paid was appropriate.
Issues: The main issue was the applicability of court-fees under Section 92, Civil P.C. for the suit filed for religious and charitable purposes.
Ratio Decidendi: The court interpreted the nature of the suit property and the purpose for which it was acquired to ascertain its religious and charitable character, which influenced the decision on court-fees.
Final Decision: The court upheld the maintainability of the suit under Section 92, Civil P.C. and the payment of the fixed fee for court-fees.
Venkataramana Rao, J.
1. This civil revision petition raises a question of court-fee. The suit was originally instituted under Section 92, Civil P.C., with the sanction of the Advocate-General for the removal of the defendants from the possession of the suit property, for the appointment of a trustee to manage it, for vesting the said property in the said trustee, for framing a scheme for its management and for other incidental reliefs. A fixed fee of Rs. 50 was paid under Article 17(iii), Schedule 2, Madras Court-fees Amending Act. The main allegations in the plaint were that the plaintiffs are members of a caste known as Siruvaikudi Vellalars, that the suit property was acquired and constructed out of caste funds subscribed from time to time by members of the caste for the general purposes of the caste, that the object of the acquisition was to use the property as a rest house for such of the members of the community as might visit Thiruvannamalai for rendering worship, whether at festival times or during ordinary periods, that the said property was also used for the purpose of affording accommodation to and convenience of the members of the community when assembling for caste meetings which were being held periodically, that the property was thus a specific endowment of a religious and charitable character in which the entire community is interested, that the defendants were in exclusive possession of the said property and were denying the rights of the members of the community to use it in the manner they were entitled to do.
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