BHAIYA HARDEO SINGH Vs. SHAMBHU NATH SINGH

JUDGEMENT

(1.) This appeal has been preferred under Section 6-A of the Court Fees Act against the Judgment and order dated 10-8-1987 of District Judge Ballia by which the Appellants have been directed to value the appeal regarding accounting in respect of income from house property at Rs. 30,000/- instead of Rs. 1,000/- and with respect to property of Thakur Ji at Rs. 96,000/- instead of Rs. 1,000/- and to make good the deficiency in the memorandum of appeal filed by them.

(2.) Dr. Shambhu Nath Singh and two others, Plaintiff-Respondents Nos. 1 to 3, filed suit No. 109 of 1974 in the court of Civil Judge Ballia against Bhaiya Hardeo Singh and Bhaiya Awdesh Singh, Defendants No. 1 and 3, who are the Appellants in the present appeal, are also against some other Defendants. The reliefs claimed in the suit are aS follows:

(3.) The learned Civil Judge Balia by his judgment and decree dated 30-9-1985 decreed the suit and granted several reliefs, she principal being that the Plaintiffs had 1/3rd share in the property described in Schedule I and III of the plaint and the Plaintiff No. 1 aid Defendant No. 2 were declared as Joint-Sarvarakars of the Thakur Ji and further the Plaintiffs were held entitled to an amount of Rs. 96.000/- from Defendant no 1 with regard to the income from Thakur Ji in respect of property described in Schedule-II for the period June 1973 to May, 1985 The Plaintiffs were also declared to be the owners of 1/3rd share in the house described in Schedule-IV and to an amount of Rs. 30,000/- from Defendant No. 1 as income of the house property from June, 1973 to September, 1985 on payment of requisite court fee in execution proceedings.