LAXMINARAYAN Vs. RAM SARUP

JUDGEMENT

(1.) THIS revision-petition arises out of a suit filed on behalf of plaintiff Laxminaram s/o Tulsiram minor by his mother Anandibai as his guardian against defendants ramsarup and plaintiff's father Tulsiram under the following circumstances. There are two houses in Lashkar, which are said to be the ancestral property of plaintiff and his father. Plaintiff claimed half share in these houses. These two houses were mortgaged by plaintiff's father Tulsiram with defendant No. 1 Ramsarun and the money thus procured had been wasted for illegal and immoral purposes including gambling and not for the purposes of the family. The defendant Ramsarup later filed a suit and obtained a decree against Tulsiram and sought to sell the mortgaged property in execution of that decree. Plaintiff's case is that the decree obtained by Ramsarup was collusive and was intended to cause loss to his rights. A case was also set up in the alternative that there had been partition between him and his father Tulsiram and that the plaintiff was in possession as owner. The plaintiff prayed for the following relief on these allegations.

(2.) THE plaintiff valued the suit for purposes of jurisdiction at Rs. 4000 and paid fixed Court-fee of Rs. 20 on the ground that the relief claimed was of declaratory character.

(3.) THE defendant Ramsarup inter alia contended that the plaintiff ought to have paid ad valorem Court-fees on the basis of valuation of tile property and that payment of fixed Court-fee in this case is not proper.