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1986 Supreme(Mad) 214

T.N.SINGARAVELU
M. M. Hameed Marican – Appellant
Versus
M. Mohammed Idress Marican and others – Respondent


Advocates Appeared:
K. Yamunan, for Petitioner.
F.A.Rasheed and S.Rajagopalan, for Respondents.

Judgment :-

The plaintiff in the suit the revision petitioner herein. He has filed the suit to remove the first respondent as’ the Trustee of a certain Trust and for appointment of a new Trustee including himself with consequential reliefs. The plaintiff paid court-fee of Rs.200 under the residuary section 50 of the Pondicherry Court-fees and Suits Valuation Act, 1972. This was objected to by the other side and the trial court took up the court-fee as the preliminary issue and held that the suit instituted by the plaintiff is not for a mere declaration and that section 50 of the Pondicherry Court-fees and Suits Valuation Act, 1972, will have no application in this case. Consequently, the plaintiff was directed to pay additional court-fee computed on Rs.21,59,375 as per the rate prescribed under section 28 of the Pondicherry Court-fees and Suits Valuation Act, 1972. The plaintiff is aggrieved by this order and has come on revision.

2. I have heard learned Counsel on both sides and perused the pleadings. It is clear that the petitioner-plaintiff is only a beneficiary and not a trustee himself. The relief asked for is for the removal of the present trustee on the ground of mismanagement


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