OSURI NARAYANASWAMI Vs. SAVANAM VENKATASWAMI

JUDGEMENT

(1.) This is a petition to revise the order of the learned Subordinate Judge of Narasapur directing the plaintiffs to pay additional court-fee on the basis that the claim for specific performance of the contract should be valued at Rs. 24,000 and not at Rs. 4,006 as shown in the plaint.

(2.) The plaintiff had a mortgage right over certain properties and it was arranged in 1937 that in view of the amount due under the mortgage the properties which are the subject-matter of the suit should be conveyed to him, and there was a further clause that in case the properties are not conveyed he will be entitled to recover the money due under the mortgage. Subsequently the Madras Agriculturists Relief Act was passed and if the amount payable to the mortgagee was scaled down it entitled the plaintiff to recover only Rs. 4,000. Naturally the mortgagors refused to execute a conveyance, and a suit had to be filed for specific performance of the contract, for sale or in the alternative for recovery of the amount due under the mortgage. Certain other persons who were not parties to the mortgage or the contract which was sought to be specifically enforced were impleaded, and a prayer for recovery of possession of the properties from them also was made in the plaint. The plaintiff valued the claim at Rs. 4,000 and paid court-fee thereon.

(3.) The court-fee examiner raised an objection to the valuation and stated that separate court-fee should be paid for the relief as against the other defendants who are not parties to the contract or mortgage under Section 7, cl. (5) and that with regard to the relief for specific performance of the contract it should be valued at Rs. 24,000, the amount due under the mortgage on the date of the contract sought to be specifically enforced. The learned Subordinate Judge agreed with the court-fee examiner and found that additional court-fee should be paid and directed the same to be paid. It is that order that is sought to be revised.