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Rama Varma Rajah. Vs. Kadar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad415
AppellantRama Varma Rajah.
RespondentKadar and ors.
Excerpt:
court fees act - act vii of 1870, section 17--redemption suit--claim by mortgagor for rent in same suit--court fee on appeal. - 1. the claim to arrears of rent and the right to redeem are two distinct causes of action. it does not appear that the arrears were intended to be set off against the mortgage-debt and rendered items of account to be taken between the mortgagor and mortgagee.2. the district judge is right in holding that the court fee ought to be computed on the principal amount of the panayom debt and on the amount of arrears of rent disallowed by the subordinate judge and claimed in appeal.
Judgment:

1. The claim to arrears of rent and the right to redeem are two distinct causes of action. It does not appear that the arrears were intended to be set off against the mortgage-debt and rendered items of account to be taken between the mortgagor and mortgagee.

2. The District Judge is right in holding that the Court fee ought to be computed on the principal amount of the panayom debt and on the amount of arrears of rent disallowed by the Subordinate Judge and claimed in appeal.


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