MURARI LAL Vs. CHET RAM

JUDGEMENT

(1.) This is a plaintiff's appeal against an appellate decree of District Judge Maliara] Kishore dated 22-7-1948 increasing the amount found on the mortgage by the Subordinate Judge from Rs. 5767/15/3 by a sum of Rs. 3420.

(2.) It is not necessary to go into the facts of the present case but a few dates may be necessary in order to understand this case. Babu Bam mortgaged the property in suit to Loka Mal for Rs. 2000/- on 11-7-1907. The legal representative of Babu Ram sold his rights in the equity or redemption to the plaintiff who has brought a suit for redemption. The Subordinate Judge Ist Class decreed the suit on payment of Rs. 5767/15/3. Both sides appealed to the District Judge, the plaintiff for reduction of the amount of the mortgage money & the defendants for its increase, and the learned District Judge, as I have said, increased it by Rs. 3420/-.

(3.) In the appeals that were filed in the Court of the District Judge both parties valued them for purposes of jurisdiction at Rs. 3200/-. Therefore in accordance with that the appeals would lie to the District judge, but actually the amount on the payment of which the property could be redeemed was over Rs. 5000/-. In the appeal which wasfil-ed in this Court the jurisdictional value has been shown to be Rs. 9187/15/3 and the value for purposes of court-fee has been shown to be Rs 6687/15/3.