DARBARI LAL Vs. DHARAM WATI

JUDGEMENT

(1.) This case involves the interpretation of Section 7 Clause (ii) (a). Court-Fees Act. as in force in this State. The relevant facts are these :

(2.) The respondent, a Hindu widow, filed a suit for the recovery of arrears of maintenance, and for an order for future maintenance at the rate of Rs. 40 per month to be secured by a charge on certain property in the hands of the appellants. The appellants are the respondent's deceased husband's brother and two minor sons of the latter. The trial Court granted the respondent a decree for future maintenance at the rate of Rs. 20 a month and directed that the payment of such maintenance be made a charge on the appellant's property. Against this order the respondent filed an appeal and the appellants a cross objection, both of which were dismissed by the lower appellate Court. The appellants have now filed a second appeal in this court, and the question has arisen as to the sufficiency of the court-fee paid by the appellants on their second appeal and on the cross objection which they filed in the lower Court. It is only with the latter that we are now concerned.

(3.) The appellants paid a court-fee of Rs. 24 on their cross objection; the Taxing Officer is of opinion that the value of the subject-matter of the cross objection was Rs. 2,400 upon which a court-fee of Rs. 275-8-0 is payable, to which must be added Rs. 18/12/- as the court-fee on that part of the cross objection which seeks to have set aside the order directing that payment of future maintenance be charged on the appellants' property. To the payment of this latter sum no objection is taken