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Sankara Narayana Pannikondar Vs. Vijaya Raghunadha Muttayan Pannikondar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad134
AppellantSankara Narayana Pannikondar
RespondentVijaya Raghunadha Muttayan Pannikondar and ors.
Excerpt:
court fees act, schedule 11, article 17(3) - declaratory suit. - .....and certain alienees of portions of his father's zamindari, for a declaration as to his future right to succeed after his father's death to the zamindari in question, and for a declaration that the alienations made by his father will not then be binding upon the plaintiff'.3. the only question for our determination is whether the stamp of 10 rupees, which the plaint bears, is a sufficient stamp for such a declaratory suit. we are of opinion that, under the second schedule of the court fees' act, article 17 (3), the stamp of 10 rupees was sufficient.4. the order of the subordinate judge rejecting the plaint as insufficiently stamped is hereby set aside, and the suit is remanded to the subordinate court to be replaced on the file, and disposed of in the usual course.5. the costs.....
Judgment:

Kindersley and Muttusami Ayyar, JJ.

1. The eighth defendant, Vellayan Chetti, not having been served with notice of this appeal, will not be affected by this judgment and decree.

2. The plaintiff has brought this suit against his father and certain alienees of portions of his father's zamindari, for a declaration as to his future right to succeed after his father's death to the zamindari in question, and for a declaration that the alienations made by his father will not then be binding upon the plaintiff'.

3. The only question for our determination is whether the stamp of 10 rupees, which the plaint bears, is a sufficient stamp for such a declaratory suit. We are of opinion that, under the second schedule of the Court Fees' Act, Article 17 (3), the stamp of 10 rupees was sufficient.

4. The order of the Subordinate Judge rejecting the plaint as insufficiently stamped is hereby set aside, and the suit is remanded to the Subordinate Court to be replaced on the file, and disposed of in the usual course.

5. The costs hitherto incurred by either party will abide and follow the result.


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