High CourtsDivision Bench(1891) 12 MAD CK 0002

Parathayi vs Sankumani and Others

Madras High Court · Decided on 8 December 1891 · Citation: (1892) ILR (Mad) 294

HON’BLE JUDGES
Wilkinson, J · Arthur J.H. Collins, J

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Judgment

5 paragraphs · 122 words
1.

We are of opinion that the plaintiff was bound to pay duty upon the value of his interest in the document, the invalidity of which he sought to

have declared. He had executed an agreement to sell certain. property in discharge of mortgages executed on his behalf during his minority. His

agreement virtually amounted to a ratification of those mortgages, which he cannot avoid, so long as the agreement executed, after he attained his

majority, stands. A declaration of the invalidity of that document would afford plaintiff relief of a very substantial character, and we think that

plaintiff was not entitled to sue for a bare declaration and to stamp his plaint accordingly. The appeal fails and is dismissed with costs.