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1928 Supreme(Mad) 441

RAMESAM
P. A. Sundara Aiyar – Appellant
Versus
The Board Of Commissioners For – Respondent


JUDGMENT

Ramesam, J.

1. These revision petitions are filed against the orders of the District Judge of South Malabar in O.P. Nos. 42 of 1927, 131 of 1926, 159, 110, 126, 55, 53, 80, 169, 24 and 70 of 1927 and 2 and 32 of 1928. The point for decision is what is the correct Court-fee payable on these petitions under Section 84 (2) of the Madras Hindu Religious Endowments Act II of 1927. Under Schedule 11 of the said Act the Court-fee on an application to modify or set aside the decision of the Board of Commissioners for Hindu Religious Endowments under Section 84 (1) of the Act is the Court-fee leviable on a plaint under Article 17, Schedule II of the Madras Court Fees Amendment Act, 1922. The right to apply to set aside the decision was conferred by Section 84, Clause (2). When we refer to Schedule II of the Madras Court Fees Amendment Act of 1922, we find there are articles numbered 17, 17-A and 17-B. The first question that arises is whether "Article 17" in the Madras Court Fees Amendment Act includes 17-A and 17-B, or, in other words, whether 17-A and 17-B are parts of Article 17. On this point we are referred to a decision of our brothers, Phillips and Odgers, JJ., in Godasankara













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