LAWS(MAD)-1951-8-30

T S VENKATANARAYANA IYER Vs. STATE OF MADRAS

Decided On August 10, 1951
T.S.VENKATANARAYANA IYER Appellant
V/S
STATE OF MADRAS Respondents

JUDGEMENT

(1.) This civil revision petition is against the order of the learned Subordinate Judge of Madhurai directing the plaintiffs to pay enhanced court-fee consequent upon his finding on the preliminary issue, namely, whether the court-fee paid and the valuation of the suit were proper? Plaintiff 1 is the petitioner.

(2.) Fifteen plaintiffs sued for a decree setting aside the order of the Collector of Madhurai dated 17-10-1947 directing resumption of the plaint schedule lands and for declaring the order to be illegal and a nullity. According to the plaint, the cause of action in the suit arose on 17-10-1947 when the Collector of Madhurai confirmed the Order of the Revenue Divisional Officer of Usilampatti dated 4-4-1947 directing, the resumption of the suit lands. In the schedule attached to the plaint, the description of the properties in respect of which the resumption order was passed sets out nine different, inams with respective extents of the lands covered by nine title deeds. The entire extent of the land is stated to be 35.67 acres and for the purpose of jurisdiction the value of the suit lands is given as Rs. 5000.

(3.) It transpires that before the Revenue Divisional Officer nine separate applications were filed for resumption, each application relating to the properties covered by each one of the nine title deeds. But the Revenue Divisional Officer heard all the applications together and passed a single order directing the resumption of the lands appertaining to the said nine inam title deeds. The Collector who heard the appeals against this order also confirmed the order of the Revenue Divisional Officer by a single order of his which is now sought to be set aside.