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

1947 Supreme(Mad) 360

HORWILL, BELLIE
Sahul Hameed Rowther – Appellant
Versus
K. C. P. Mohideen Pichai – Respondent


Advocates Appeared:
Messrs. S. Srinivasaraghavan and S. Ramachandra Ayyar for Petitioner.
A.V. Narayanaswami Aiyar for Respondent.

Horwill, J.-

The respondent, alleging that a sale deed executed by him in favour of the petitioner was sham and nominal, prayed for a declaration to that effect and for an injunction restraining the defendant (petitioner) from interfering with his possession; in the alternative, in case the Court should find that his possession had been disturbed, he prayed for possession. He paid Court-fee under section 7(v)(b), at ten times the kist, which was higher than the Court-fee payable on the alternative relief for declaration and injunction under section 7(iv)(c). The District Munsiff before whom the suit was filed held that the suit should have been valued and Court-fee paid according to section 7(iv-A), since by implication the plaintiff was asking for cancellation of the sale deed. He found that the value of the suit according to section 7(iv-A) was Rs. 6000, which was beyond his jurisdiction. So he returned the plaint for presentation to the proper Court. The plaintiff took the matter in appeal to the District Judge, who reversed the order of the District Munsiff and found that the suit was properly valued and that the proper Court-fee had been paid. He therefore directed the District













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