Sinnappoo V. Theivanai Et Al.,

1937   Present: Poyser S.P.J. and Soertsz J.

SINNAPPOO v. THEIVANAI et al.

 15-D. C. Jaffna, 7,163.

Stamp duty-Value of an action-Certificate of decree in appeal-Failure to tender correct amount-fatal irregularity-Stamp Ordinance, Schedule B, Part 11.

The value of an action for the purpose of fixing the stamp duty on the proceedings under Part II., Schedule B, of the Stamp Ordinance is determined by the aggregate value of the claim on the date the action is filed.

De Silva v. Lever (28 N. L. R. 435) and Silva v. Fernando (11 N. L. R. 375) followed.

Failure to tender the proper amount of stamps for the certificate in appeal is a fatal irregularity.

The defect cannot be cured by tendering the correct amount after the time limit.

Salgado v. Peiris (12 N. L. R. 379) followed.

PLAINTIFF filed an action for restoration to possession of a temple worth Rs. 500. He was ousted from possession in September and he claimed damages from the date of ouster at the rate of Rs. 10 per mensem. The action was filed in November.

H. V. Perera (with him V. Manikavasagar), for defendants, appellants.- The prayer is for ejectment and damages for tw

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