MARIMUTHU NADAR Vs. TUTIKORIN MUNICIPALITY
HIGH COURT OF MADRAS
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Krishnaswami Nayudu, J. -
(1.) The plaintiffs instituted O. S. No. 309 of 1950 in the District Munsif's Court, Tuticorin, a representative suit on behalf of themselves and other owners of properties within the Tuticorin Municipality in respect of which the defendants who are the Tuticorin Municipality published a scheme for the area covered by these properties as the area of Town Planning Scheme "D" of the Tuticorin Municipality. The suit was for a declaration that the "D" scheme 'propounded by the defendants under the Town Planning Act was illegal and 'ultra vires' and for a permanent injunction prohibiting them from enforcing all or any provisions of the scheme against the plaintiffs.
(2.) The plaintiffs valued the suit for purposes of court-fee and jurisdiction at Rs. 110 and paid a court-fee of Rs. 15 for declaration under Schedule II Article 17, Court-fees Act and for injunction at Re. 1-1-0 under Section 7(iv)(d), Court-fees Act. An issue was raised as to the correctness of the Court-fee paid which was tried as a preliminary issue. Besides, the Court-fee examiner also issued a check slip that the suit should have been valued under the proviso to Section 7 Clause iv- c, Madras Court-fees Act. Section 7 Clause iv-c relates to suits to obtain a declaratory decree or order where conse quential relief is prayed and a proviso is added by the enactment of Madras Act V of 1922. That proviso is in the following terms:
"Provided that in suits coming under Sub-clause (c) (of Section 7-iv) in cases where the relief sought is with reference to any immoveable property, such valuation shall not be less than half the value of the immoveable property calculated in the manner provided for by paragraph (v) of this section."
(3.) The learned District Munsif upheld the contention of the Court-fee examiner and held that the proviso to Section 7 Clause iv-c was applicable to the present case.;
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