A.M. ABDUL KHADER AND OTHERS Vs. V.S.N. MOHAMMED IBRAHIM AND OTHERS

JUDGEMENT

(1.) The petition relates to the correctness of the court fee paid by the plaintiffs in the suit. The plaintiffs filed the suit praying for leave to sue in a representative capacity. They are members of Jamath and they prayed for a decree declaring that the defendants have lost the confidence of the members of the Jamath and that they have no right to further continue in their respective positions and for a permanent injunction restraining the defendants from functioning on behalf of the Jamath. They paid a fixed court fee of Rs. 200 under S.28 of the Tamil Nadu Act 14 of 1955. The defendants objected to the valuation. The Court agreed with the contentions of the plaintiffs and allowed the plaintiffs to value the suit in accordance with S.28 of the Act. Defendants 1, 3, and 4 filed the present revision in this court and this Court directed notice to the Government Pleader as the matter involved a question of law. When the revision came up for hearing, the Government Pleader rightly pointed out that it could not be maintained at the instance of the defendants. He relied upon a decision of the Supreme Court in Rathnavarmaraja v/s. Smt. Vimla : A.I.R. 1961 S.C. 1299. The position is clear that the revision petition cannot be maintained at the instance of the defendants regarding the quantum of court fee that is payable on the plaint. In this case, the question as to whether, if the defendants' contention is accepted, the Court will have jurisdiction or not, does not arise. As the Government Pleader is appearing on notice and as the order of the lower Court is before the Court, this Court is entitled to exercise its powers under S.115 C.P.C.

(2.) S. 28 of the Madras Court Fees and suits Valuation Act provides that 'in a suit for possession or joint possession of trust property or for a declaratory decree, whether with or without consequential relief in respect of it, between trustees or rival claimants to the office of trustee or between a trustee and a person who has ceased to be trustee, fee shall be computed on one -fifth of the market value of the property subject to a maximum fee of rupees two hundred or where the property has no market value on rupees one thousand.

(3.) The suit that is contemplated under this Sec. is the suit between trustees or rival claimants to the office of trustees or between a trustee and the person who has ceased to be a trustee. The plaintiffs do not come under any of these categories. They are members of the Jamath and they are not trustees or rival claimants to the office of the trustee. This Sec. is clearly not applicable. The order of the lower Court, is, therefore not in accordance with the law and the same is set aside. The plaintiffs will value the suit in accordance with the law. The revision petition is allowed. No costs.