Rajaratna Vadugunatha Pillai vs Srinivasa Raghava Aiyangar and Others

Govinda Menon, J.—The order of the learned Subordinate Judge directing court-fee to be paid on the several alienations separately is correct. This is a case where the fourth defendant as guardian of the plaintiff when he was a minor alienated minor''s properties in favour of various defendants at various times and places. It cannot be said that the cause of action as against all the defendants is the same. But it is contended on behalf of the petitioner that the subject is the same and therefore Section 17, Court-fees Act would not be applicable. What that section says is that where a suit embraces two or more distinct subjects court-fee has to be paid separately on the value of each subject and not on the aggregate value of all the reliefs. There is no doubt that each of the alienations is a different subject and court-fee has to be paid on them separately. The learned advocate for the petitioner relies upon two decisions of this Court in -- In Re: Parameswara Pattar, and -- Thangaswami Pillai by Agent, Ganapathi Nadar Vs. Dhanabagyammal and Others, . Neither of these cases is one to set aside the alienations in favour of different persons at different times and in my opinion these cases cannot apply.

This civil revision petition is dismissed with costs. The petitioner will be given two months'' time from this date to pay the court, fee.