LAWS(MAD)-1983-7-30

MAHAVEERCHAND Vs. TOWN PANCHAYAT SRIPERUMBUDUR

Decided On July 26, 1983
MAHAVEERCHAND Appellant
V/S
TOWN PANCHAYAT, SRIPERUMBUDUR, REP. BY ITS EXECUTIVE OFFICER Respondents

JUDGEMENT

(1.) REVISION petitioner contends that the decision of the Court below on issue No. 5 in O.S. No. 753 of 1981 on the file of the District Munsif, Tiruvallur, that the court-fee is payable ad valorem on Rs. 15,649. 20 and hence the said Court has no jurisdiction to try the suit, is erroneous.

(2.) IN the plaint, in paragraph 8, it is stated that the cause of action for the suit arose, when defendant served the demand for recovery of Rs. 15,649.20 on the plaintiff, and hence, he has sought for a declaration that the demand under assessment by defendant Town Panchayat, Sriperumbudur, is invalid and unenforceable, and also for consequential injunction.

(3.) AS contended by him, provisions of section 25 (d) of TamilNadu Act XVI of 1955, being not similar to those contained in sections 24 (d) or 26 (c) Andhra Pradesh Court fees Act, the decision rendered in A.P.S, Electricity Board v. K.R. Reddy1 cannot be a direct answer.