BALWANTSINGH Vs. NANDAL

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 15-3-1984 passed by the Additional Judge to the District Judge, Neemuch in C. S. No. 16-A of 1981 whereby it has been held that the petitioners have to pay court fee on Rs. 41200/- being the value of the truck in question.

(2.) CIRCUMSTANCES giving rise to this petition are these. According to the suit instituted by the petitioners Baldeo and his son Tulsiram, the truck bearing registration no. MPU 6248 initially belonged to one Kannu Bhai Gujarati. It was purchased by the petitioner Baldeo, his younger brother, the N. A. Nandlal and the N. A. 2 Mangilal, who had all contributed towards its price Rs. 33051/ -. The purchase was in the name of nandlal. The permit to ply the truck was not transferred in the name of Nandlal.

(3.) THE petitioners and the other vendors plied the truck for some period and ultimately on 24-9-1978 it was agreed amongst the three vendors the petitioner No. 1, nandlal and Mangilal that the last two would be paid Rs. 4,000/- each and the title to the truck would pass to petitioner No. 1. All the relevant papers, on payments as agreed, were handed over to the petitioner No. 1 which he surrendered through Daryavsingh r/o Mandsaur to the R. T. O. on 28-9-1978 as the truck was not road-worthy. Subsequently, a sum of Rs. 22,000/- was spent by the petitioners on the truck and it was made road-worthy.