Daivachilaya Pillai and Others vs Ponnathal and Others

We are of opinion that the Judge''s decision is correct. The point now raised as to whether a single fee of Rs. 10 is sufficient was not argued and

considered in Narayana v. Muttayan ILR 7 Mad. 134

We agree with the lower Courts that each separate alienation is a different subject within the meaning of Section 17 of the Court Fees Act.

Though all such alienations my be included in one suit, according to the course of decisions in this Presidency, it does not follow that each alienation

is not a separate subject requiring a separate Court fee. Each alienation creates a distinct right vesting in the alienee, and, therefore, when the

reversioner seeks for a declaration that a number of distinct alienations are invalid, he must be held to be suing for that number of declarations. The

test indicated in Moti Singh v. Kaunsilla ILR 16 AIL 308 appears to us to contain the correct principle on which should be determined the

question as to the number of declarations which are sought to be obtained in any particular suit.

We dismiss this appeal with costs.