BINA RANI Vs. FAKIR CHAND

JUDGEMENT

(1.) THIS appeal is directed against an order of the Additional Civil Judge, Ghaziabad, dated 6th August, 1977.

(2.) ACCORDING to the Plaintiff's case one Chhuttan Lal was her grand father. He executed a registered will in her favour on 27th July, 1974. The Respondent No. 1 is the adopted son of Chhuttan Lal, aforementioned. Respondent No. 2 is the grand -son and Respondents Nos. 3 and 4 are alleged to be the tenants of the property in dispute. On 5th July, 1975 it is alleged, Chhuttan Lal, aforementioned, executed another will in favour of Appellant and Respondents Nos. 5 to 8. Chhuttan Lal died in the month of October, 1975. The suit was brought for declaration that the Plaintiff is the owner -landlord vis -a -vis the Respondents Nos. 3 and

(3.) IN paragraph 6 -A the averment made is that in face of the will, which Chhuttan Lal executed in Plaintiff's favour the subsequent will asserted on the Respondents' side dated 5th July 1975 is void and ineffective. In defence it was pleaded, inter alia that the court -fee paid is inadequate. The court below framed preliminary issue on the point and recorded the finding that the court -fee is deficient and that it should have been assessed and paid in conformity with Section 7(iv -A) of the Court Fees Act. Aggrieved, the Plaintiff has preferred this appeal.