TARASUNDARI NANDI Vs. BALAI CHANDRA GHOSE

JUDGEMENT

(1.) THIS Rule is directed against order No. 39 dated 28th June 1973 passed in Misc. Case No. 52 of 1970 by Shri G. C. Mukherji, Subordinate Judge, 3rd Court Howrah on an application purported to be filed by the petitioner under Section 38 of the Bengal Money Lenders Act, 1940 with a court fee of the Re 1/- only. By the said order, the learned Judge, on a preliminary issue as regards court fees, held that ad valorem court fees was payable and the proceeding as initiated with a court fees of Re. 1/- was insufficient and improper.

(2.) ON or about 23rd December, 1970 the petitioner filed a proceeding under sections 34, 36 and 38 of the Act which was entertained and registered as Misc. case No. 52 of 1970, for the following prayers:-

(3.) THE case as sought to be made out by the petitioner, inter alia amongst others was that the suit property which is her residential house is in fact her only property. The valuation of the same would be about Rs. 50,000/- and as she was in need of money, the petitioner approached the opposite party for a loan of Rs. 12,000/- on mortgage of the same. The opposite party agreed to the same but as he had no money lending license, instead of a mortgage deed, an ostensible sale deed with a simultaneous agreement for reconveyance within a stipulated time was executed. Both the said deeds were executed on 6th January, 1969. It has also been alleged that on 20th December 1970 the petitioner approached the opposite party for accounts, calculation of interest and for instalments b at there has not been any compliance with the said requests by the opposite party.