HORWILL, BELLIE
Sahul Hameed Rowther – Appellant
Versus
K. C. P. Mohideen Pichai – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.