UDAI BHAN SINGH Vs. LACHHMAN DAS

JUDGEMENT

(1.) THIS is a miscellaneous appeal under Section 6-A (i), Court-fees Act arising out of a court-fee matter.

(2.) A suit was instituted by the appellant for a declaration that the plaintiff was the owner in possession of the entire village Bansi Rehayak and that the defendants had no right to put it to sale in execution of the decree dated 9/12th August, 1948. The grounds on which the declaration was claimed were that this village belonged to one Thakur sheo Narain Singh who was succeeded by his widow Thakurain Sujan Kunwar and that on the death of Thakurain Sujan Kunwar, who was only a life estate holder, the plaintiff became owner of the village. A decree was passed against Thakurain Sujan Kunwar in her life time, and under the provisions of the Agriculturists' Relief Act a charge was, created on village Bansi Rehayak. The decree was put into execution and as Thakurain Sujan Kunwar had died the plaintiff, who was her legal representative, also, raised an objection to the execution, of the decree against this property. It was alleged on his behalf that Thakurain Sujan Kunwar having died her interest in the property came to an end and the property could no longer be taken in execution of the decree. The defendants contested the suit and one of the objections raised by the defendants was that the court-fee paid by the appellant was insufficient inasmuch as the suit was governed for the purposes of payment of court-fee by Section 7 (iv-A) and not by Article 17 of Schedule II, court-fees Act. The plaintiff had paid a court-fee of Rs. 18/12/- only. The lower Court found that the court-fee paid was insufficient and directed the plaintiff to pay ad valorem court-fee. The plaintiff has now come up in appeal.

(3.) IT has been argued on behalf of the appellant that the plaintiff did not either in words or in substance claim any declaration with regard to the decree which stood against Thakurain Sujan kunwar and his suit was for a simple declaration of his own title to the property. Section 7 (iv-A) as amended in U. P. stands as follows :