Skip to content


Parathayi Vs. Sankumani and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad294
AppellantParathayi
RespondentSankumani and ors.
Excerpt:
court fees act - act vii of 1870, schedule i, article 1--cancellation of an agreement to sell--ad valorem fee. - 1. we are of opinion that the plaintiff was bound to pay duty upon the value of his interest in the document, the invalidity of which he sought to have declared. he had executed an agreement to sell certain. property in discharge of mortgages executed on his behalf during his minority. his agreement virtually amounted to a ratification of those mortgages, which he cannot avoid, so long as the agreement executed, after he attained his majority, stands. a declaration of the invalidity of that document would afford plaintiff relief of a very substantial character, and we think that plaintiff was not entitled to sue for a bare declaration and to stamp his plaint accordingly. the appeal fails and is dismissed with costs.
Judgment:

1. We are of opinion that the plaintiff was bound to pay duty upon the value of his interest in the document, the invalidity of which he sought to have declared. He had executed an agreement to sell certain. property in discharge of mortgages executed on his behalf during his minority. His agreement virtually amounted to a ratification of those mortgages, which he cannot avoid, so long as the agreement executed, after he attained his majority, stands. A declaration of the invalidity of that document would afford plaintiff relief of a very substantial character, and we think that plaintiff was not entitled to sue for a bare declaration and to stamp his plaint accordingly. The appeal fails and is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //