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Rajaratna Vadugunatha Pillai Vs. Srinivasa Raghava Aiyangar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai High Court
Decided On
Case NumberCivil Revn. Petn. No. 584 of 1951
Judge
Reported inAIR1953Mad592; (1953)IMLJ74
ActsCourt-fees Act, 1870 - Sections 17
AppellantRajaratna Vadugunatha Pillai
RespondentSrinivasa Raghava Aiyangar and ors.
Appellant AdvocateN. Rajagopala Iyengar, Adv.
Respondent AdvocateGovernment Pleader and ;Srinivasa Raghava Iyengar, Adv.
DispositionRevision dismissed
Cases ReferredThangaswami Pillai v. Dhanabagyammal
Excerpt:
- .....that section says is that where a suit embraces two or more distinct subjects court-fee has to be paid separately on the value of each subject and not on the aggregate value of all the reliefs. there is no doubt that each of the alienations is a different subject and court-fee has to be paid on them separately. the learned advocate for the petitioner relies upon two decisions of this court in -- parameswara pattar, in re', air 1930 mad 833 (a) and -- 'thangaswami pillai v. dhanabagyammal', : air1950mad155 (b). neither of these cases is one to set aside the alienations in favour of different persons at different times and in my opinion these cases cannot apply.2. this civil revision petition is dismissedwith costs. the petitioner will be given twomonths' time from this date to pay the.....
Judgment:

Govinda Menon, J.

1. The order of the learned Subordinate Judge directing court-fee to be paid on the several alienations separately is correct. This is a case where the fourth defendant as guardian of the plaintiff when he was a minor alienated minor's properties in favour of various defendants at various times and places. It cannot be said that the cause of action as against all the defendants is the same. But it is contended on behalf of the petitioner that the subject is the same and therefore Section 17, Court-fees Act would not be applicable. What that section says is that where a suit embraces two or more distinct subjects court-fee has to be paid separately on the value of each subject and not on the aggregate value of all the reliefs. There is no doubt that each of the alienations is a different subject and court-fee has to be paid on them separately. The learned advocate for the petitioner relies upon two decisions of this Court in -- Parameswara Pattar, in re', AIR 1930 Mad 833 (A) and -- 'Thangaswami Pillai v. Dhanabagyammal', : AIR1950Mad155 (B). Neither of these cases is one to set aside the alienations in favour of different persons at different times and in my opinion these cases cannot apply.

2. This civil revision petition is dismissedwith costs. The petitioner will be given twomonths' time from this date to pay the court,fee.


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