SETH PURSHOTHAMDAS Vs. PANNALAL

JUDGEMENT

(1.) This appeal is posted for orders on account of an objection taken by the Office that the Court fee paid by the appellant is insufficient, and is not in accordance with the terms of section 13 of the Hyderabad Court-fees Act (hereinafter referred to as ' the Act'). The suit, O.S. No. 19 of 1357-F., was filed for recovery of O.S. Rs. 3,57)749-9-3 from the defendants with costs and interest, and in default the mortgaged properties be sold and the amount so realised be paid towards the decretal amount, and if the sale-proceeds are not sufficient for the liquidation of the decretal amount, the plaintiffs be permitted to obtain a decree against the person of the defendants, and their other properties.

(2.) The plaintiffs' case, to the extent it is necessary for the determination of the question of Court-fee, is this. The first plaintiff and the father of all the plaintiffs executed a surety-bond on 5th Khurdad, 134I-F. (29th April, 1932) for the release of the judgment-debtors who were brought under arrest in execution of a decree. In order to secure their rights, the plaintiffs obtained from the judgment-debtors- five mortgage bonds, dated 4th May, 1934, soth February, 1935, 4th May, 1934., agth December, 1934 and agth December, 1934 for O.S. Rs. 1,00,000, Rs. 39,000, Rs. 14,000, Rs. 25,410 and Rs. 10,000 respectively, and two other mortgages, mortgaging their immovable properties. As the judgment-debtors failed to appear as required by the Court, the sureties (plaintiffs) were directed to deposit Rs. 5,05,000 and interest within one month into Court.

(3.) After undergoing several vicissitudes, which need not be mentioned here, a compromise was arrived at in Farvardi, I349-F. between the decree-holder, judgment- debtors and the sureties, under which the plaintiffs were to pay O.S. Rs. 3,17,000 to the decree-holder in full satisfaction of the decree, and the sureties were to be discharged from their bond. As per the said compromise, the plaintiffs paid on I7th Isfandar, 1348^. (aoth January, 1939) a sum of Rs. 3,17,000. Some months later, the judgment-debtors executed another agreement on 2gth Amardar, I348-F., in favour of the plaintiffs, admitting their liability for the payment of the said sum of Rs. 3,17,000 by which after adjusting the amount of Rs. 71,830 in credit with the plaintiff, and after the payment of Rs. 830 in cash, they agreed to pay the balance of Rs. 2,40,000 with interest at the rate of 6 annas per month, and that the properties mortgaged should remain by way of mortgage, and also agreed to pay the amount in certain instalments. As the defendants committed default in payment of the amount, this suit was filed for its recovery, with the prayer stated supra. Paragraph 13 of the plaint reads as follows :-