Lord Atkinson:-
In this case the annuity which is sought to be enforced is only Rs. 125 per annum. By no reason able method of valuation can an annuity of Rs. 125 per annum be worth Rs. 10,000. The 110th section of the Code of Civil Procedure, 1908, applies to the value of the annuity which is sought to be re covered, not to the value of the pro perty upon which that annuity of Rs. 125 is charged. Their Lordships think it right to call attention to the fact that the decision in the case which has been referred to, Radhakrishna Ayyar v. Sundaraswamier AIR 1922 PC 257: 45Mad 475 : 49 IA 211 : 16 MLW 18 : 43 MLJ 323 : 31 MLT 31 : 27 CWN 1 : 20 ALJ 937 : 36 CLJ 450 (PC) apparently proceeded upon a supposed admission, which admission it now appears was really not made. In that case, too, the rent was Rs. 1,500 odd per annum, and there was nothing inconsistent or irrational in hold ing that the value of that rent was over Rs. 10,000. It was not seven years' pur chase, whereas it is impossible that the annuity about which the controversy in this case has arisen can be worth Rs. 10,000.
Their Lordships are therefore of opinion that the appeal is incompetent, and they will so humbly advise His Majesty. The appellants will pay the costs of the appeal.