ONKAR NATH Vs. RAMESHWAR DASS

JUDGEMENT

(1.) Section 7 (iv) (c) of the Court Fees Act as amended by the Court Fees (Punjab Amendment) Act, 1953 as extended to Delhi runs as follows :-

(2.) It is common ground between the parties that in a former suit jointly filed by the appellant and the Respondent Mo. I against the Respondents 2 to 6, a compromise decree was passed according to which the appellant and Respondent No. 1 jointly in one year and the Respondents 2 to 6 jointly in the next year were to alternately manage the following private wakf property, namely, houses known as Thakurdwara Raja Ji Sukh Rai which include a Thakurdwara, attached shops and godowns situated at Gali Peepal Mahadee, Delhi.

(3.) The present suit was instituted by the appellant alleging that the Respondent No. 1 did not allow the appellant to share in the management of the property and there was friction between them. He, therefore, in effect prayed that the Court should divide the joint right of management of the appellant and Respondent No. 1 into two separate shares so that the appellant would manage the property in one year while the Respondents 2 to 6 would manage it next year, the Respondent No. 1 would manage in the year thereafter and Respondents 2 to 6 would again manage it for one year after which the turn of the appellant should come. The suit is opposed by the Respondent No. I on the ground that the compromise provides for joint management by the appellant and the Respondent No. 1 and this arragement cannot be varied at the instance of the appellant alone.