(1.) THIS opinion will also govern the disposal of Civil Revn. No. 42 of 1971 (Shivji v. Chunnilal and Ors. ).
(2.) FACTS giving rise to the present revision application which has been referred to this Bench, may briefly be stated as thus:-Opponents 1, 2 and 3 (hereinafter referred to as the plaintiffs) instituted a suit for possession and mesne profits in respect of some agricultural lands against the applicant and opponents 4 to 8 (hereinafter referred to as the defendants ). In this suit a decree for Rs. 700. 00, claimed as mesne profits upto the date of suit for one year, future mesne profits at the rate of Rs. 700/- per annum and for possession was passed. The applicant feeling aggrieved with this decree preferred an appeal in the court of the Additional District Judge. On the memorandum of this appeal he paid court-fees only on the decretal amount of mesne profits claimed upto the date of the suit and did not pay court-fees on that amount of mesne profits for which a decree was passed against him in respect of the period from the date of suit till the date of appeal.
(3.) ON an objection being raised by the respondents about the adequacy of the court-fees on the memorandum of the appeal, the learned Additional District Judge relying on Shobharam v. Ranchhod, (1965 Jab LJ (SN) No. 4) ruled that the appellant should pay court-fees on the decretal amount of mesne profits which had become due from the date of suit upto the date of the appeal.
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