LALA RAM BABU Vs. LALA RAMESH CHANDRA ETC.

JUDGEMENT

(1.) This is an appeal against an order requiring the plaintiff to make good the deficiency in court-fee of Rs. 878/2.00 on the plaint.

(2.) The Plaintiff-Appellant filed a suit for declaration and possession over certain properties. The disputed property included a certain house which the plaintiff valued at Rs. 10,000/. According to the defendant-respondents its valuation was Rs. 20,000/ -. The defendants relied on a settlement of 1929 in which the value of the house was shown as Rs. 20,000/ -. This document was, however, not on the file of the suit which has given rise to this appeal but was on the file of a connected suit both of which were being disposed of together. The court below fixed the value of the house at Rs. 20,000/ - basing its order upon the valuation given in the deed of settlement of 1929 and ordered the plaintiff to make good the deficiency in court-fee.

(3.) In this appeal the plaintiff has urged that the valuation fixed by the court below is erroneous inasmuch as there was no material on the record of the suit to show that its value was more than Rs. 10,000/ -. The plaintiff-appellant points out that a copy of the deed of settlement was not placed on the record of this case.