SAJIDA KHATOON Vs. M B AHMAD

JUDGEMENT

(1.) This is a plaintiff's appeal under Section 6A, U. P. Court-fees Act, against an order of the Court below requiring her to pay an additional court-fee of Rs. 1087-8-0 on a sum of Rs. 13,200.

(2.) The plaintiff appellant is the wife of the defendant. At the time of her marriage the defendant bound himself by an agreement to pay her maintenance allowance, which was described as 'kharch-i-pandan' in the agreement, in case the defendant married another wife during the plaintiff's lifetime. This maintenance allowance was to be paid at a rate which was to be half the amount of the salary payable to the defendant for the time being. The defendant a Government servant. The defendant remarried during the plaintiff's lifetime, and as a consequence of it, the plaintiff instituted the present suit claiming to recover a sum of RS. 23,000 as the balance of her dower, and Rs. 9,000 as the arrears of kharch-i-pandan, in all a sum of RS. 32,000 She paid ad valorem court-fee on this sum of Rs. 32,000. She claimed a further relief, which is expressed in the following words:

(3.) The Court below has found that the defendant is getting a salary of Rs. 2,200 per month, and that half the amount of the salary for one year comes to Rs. 13,200 and that a further ad valorem court-fee is payable oil this amount of Rs. 13,200. The finding of the Court is based on the ground that Section 7 (ii) (a), U. P. Court-fees Act, read with the proviso to it, is applicable to the present case.