MD SULTAN Vs. FIRM OF RAMPRATAP KANNAYALAL HYDERABAD
LAWS(APH)-1963-1-9
HIGH COURT OF ANDHRA PRADESH
Decided on January 02,1963

MD.SULTAN Appellant
VERSUS
FIRM OF RAMPRATAP KANNAYALAL, HYDERABAD Respondents

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.;


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