Chennai Court January 1930 Judgments

Hanumangadi Venkatalal and ors. Vs. Dammangi Kosaldasu Bavaji and ors.

Court: Chennai

Reported in: AIR1931Mad24; (1931)61MLJ39

Curgenven, J.1. Plaintiffs 1, 2 and 4 of whom are now the petitioners before me brought the suit as beneficiaries under a certain trust, the primary object of which was to provide for the wants of Bhairagis but in which they possessed a beneficiary interest in the surplus income, in order to recover certain properties forming the subject-matter of the trust which had been alienated by the trustees, who are defendants 1 and 2, to the remaining defendants. The alienations were made one by sale, one by mortgage and the remainder by lease. The plaintiffs offered to pay a Court-fee Rs. 100 under Article 17-B, Schedule II, Court Fees Act, on the ground that the subject-matter of the suit was incapable of valuation. This was contested by the defendants in their written statement and the learned Subordinate Judge took up the question of Court-fee as a preliminary issue. He came to the conclusion that it must be paid under Section 7(iv)(c), Court Fees Act, read with the proviso added to it by t...