BANSI LAL Vs. SOM PARKASH

JUDGEMENT

(1.) This is an appeal brought against an appellate order of Mr. Mani Ram Senior Subordinate Judge dated 16-5-1951 allowing the appeal against an order of Mr. Kartar Singh Chadha Subordinate Judge and remanding the case for trial.

(2.) The facts of the case are that five alienations were made-one by the father Sulekh Chand on 14-11-1930 for a sum of Rs. 3,000/-, three others by the Official Receiver one on 28-2-1935 and two on 15-8-1946, and the 5th on 12- 4-1932 in a Court sale in execution of a decree against the father.

(3.) On 18-11-1949 three sons of Sulehh Chand, a major and two minors, brought a suit for declaration and possession. The father was by that time, dead and the sons were entitled to possession if their allegations were correct, but they brought the suit for declaration and possession as consequential relief. The trial Court held that as the alienations by the Official Receiver were void 'ad-valorem' court-fee was payable and as to the other two the suit had been properly valued under Section 7 (iv) (c) of the Court-fees Act, the value being Rs. 5/-, although one of the sales was for Rs. 3,000/-and as to the other sale it is difficult to discover as to how much it was for. The plaintiffs also filed a petition for review against the order rejecting the plaint but this was dismissed on the ground that it did not lie under Order 47, Rule 1, Civil Procedure Code.