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Judgment
This appeal relates to a question of Court-fees on the plaint. The Sub-Judge has found that the first relief prayed for is the cancellation of the
plaint Samu-dayam deed, but in this he is clearly wrong, for plaintiff is not a party to the deed and merely wants a declaration that the deed is not
binding on the Devaswom. For authority we may refer to Unni v. Kunchiamma 14 M. 26 : 5 Ind. Dec. 19, Ramaswamy Nadan v. Subramania
Nadan 40 Ind. Cas. 690 : 32 M.L.J. 447 Chappan v. Paru 15 Ind. Cas. 587 : 87 M. 420 : 13 M.L.T. 118 and respondents'' Vakil does not
seriously dispute this conclusion.
Plaintiff also asks for an injunction and accounts as reliefs consequential on this declaration.
His suit in respect of these reliefs comes u/s 7, iv, (c), The Court-Fees Act, 1870, and the recently added proviso to the section does not affect
the case, for we are satisfied that the Samudayam deed does not create any charge on Immovable property. Plaintiff is entitled to place his own
valuation on these reliefs which he has done, but he has made the mistake of giving one value for purposes of jurisdiction and another value for
Court fee valuation and this must be corrected. Further reliefs asked in the plaint are the removal of eight trustees and a declaration that 13th
defendant is unfit to succeed his Kamavan as trustee. Article 17 B. of Schedule II of the Court-Fees Act, as amended (Act V of 1922) is
applicable to the former relief but we think that the Sub-judge was wrong in asking for a separate fee of Rs. 100 for each of the 8 trustees, for the
ground for removal is the same in the case of each, i.e., the execution of the Samudayam deed, and we do not think that the removal of each
trustee can be treated as a separate relief. The declaration in respect to 13th defendant and appointment of plaintiff comes under Article 17-B. also
and the fee is Rs. 100. Plaintiff is, therefore, liable to pay two separate fees of Rs. 100 each and an ad valorem fee on the declared value of the
first declaration above-mentioned and the consequental reliefs. Plaintiff''s valuation of Rs. 185 may be accepted.
As regards the valuation of the relief in regard to the trustees we think that plaintiff should retain the original value of his suit for purposes of
jurisdiction and, therefore, the value of the two reliefs combined must be taken as Rs. 9,815.
The costs of this appeal will be the costs in the suit. Plaintiff will, therefore, be allowed to amend his valuation in the plaint as ordered above, and
the suit will be remanded for disposal according to law. The stamp on this Memo, of Appeal will be refunded.
The balance of fee due on the plaint must be paid within one week of receipt of records in the lower Court.