Bishwanath Agarwalla vs Smt. Nathi Bai Sharma And Ors. on 27 July, 1972
Following a Bench decision of the Madras High Court in Daivachilaya Pillai v. Ponnathal (1895) 18 Mad 459, Harries, C. J., held that the plaintiff must pay Rs. 15/- as court-fee in respect of each of the alienations. Therefore, no question arose in AIR 1940 Pat 158 as to whether the plaintiffs there were liable to pay ad valorem court-fee or not. This was naturally so because the plaintiffs in that suit were not party to the alienations which they had impugned in the suit, nor the widow who had made those alienations was in law the predecessor-in-interest of the reversioners. Therefore, this decision also is of no assistance to Mr. Agrawal