MD SULTAN Vs. FIRM OF RAMPRATAP KANNAYALAL HYDERABAD
HIGH COURT OF ANDHRA PRADESH
FIRM OF RAMPRATAP KANNAYALAL, HYDERABAD
Click here to view full judgement.
(1.) This Revision Petition is directed against the Order dated 23rd
February, 1960, passed by the Additional Chief Judge, City Civil Court, Hyderabad.
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
by way of damages in torts, and (c) for reasonable amount towards damages for
breach of contract calculated at Rs. 512.
(2.) These reliefs were sought on the footing that the plaintiff and the father of
plaintiffs 4 to 8 obtained a loan Rs. 90,000 from defendant on 10th March, 1955
and executed a promissory note. The plaintiff 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 rajsed an objection regarding the
valuation of the suit and the Court-fee paid thereon. According to the Court-fee
Examiner, the share scrips 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.
(3.) The lower Court, after hearing the parties, through the order abovementioned,
upheld the objection of the Court-fee Examiner and found that the Court-fee paid
in regard to relief No.1 that is redemption of pledge, is inadequate. With regard
to other reliefs, there appears to be no grievance. It is this order of the Court
below which is now challenged before me by the plaintiffs-petitioners.;
Copyright © Regent Computronics Pvt.Ltd.