MOHAMMAD SULTAN Vs. FIRM OF RAMPRATAP KANNYALAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 23-2-1960 passed by the Addl. Chief Judge, City Civil Court, Hyderabad.

(2.) The petitioners instituted a suit in which they sought the following reliefs: (a) directing the defendant to deliver the share certificates of the Vazir Sultan Tobacco Co., Ltd., as detailed in the plaint Schedule A, (b) for a sum of Rs. 5,000.00 by way of damages in torts, and (c) far reasonable amount towards damages for breach of contract calculated at Rs. 512.00.

(3.) These reliefs were sought on the footing that the plaintiffs and the father of plaintiffs 4 to 8 obtained a loan of Rs. 90,000.00 from defendant on 10th March, 1955 end executed a promissory note. The plaintiffs also pledged with the defendant share certificates of the Vazir Sultan Tobacco Co., Ltd. A memorandum of pledge was drawn up. The plaintiffs requested the defendant to receive the balance of amount due and sought the redemption of the suit shares. The defendant admitting the transaction of pledge pleaded that the plaintiffs have no right to redeem the same until the expiry of three years. As the defendant had raised the plea that the suit was not properly valued, the lower Court framed issue No. 5 in that respect. The Court-fee Examiner also raised an objection regarding the valuation of the suit and the court-fees paid thereon. According to the Court-fee Examiner the share scripts are movables having market value and therefore the plaintiffs should pay the court-fee as payable under Section 23 (1)(a) of the Andhra Court-fees Act, hereinafter called the Act.