SURJIT KAUR ALIAS SHANKARI Vs. SAWARAN SINGH

JUDGEMENT

(1.) This is a petition for revision filed by Smt. Surjit Kaur, widow of Basawa Singh, against the order dated 14th November, 1962 passed by Shri Raghbir Singh, Subordinate Judge 1st Class, Ludhiana, directing her to pay ad valorem court-fee under Section 7(iv)(c) of the Court-fees Act on the basis of the jurisdictional value of the suit fixed by her in the plaint.

(2.) According to the allegations made in the plaint, it was stated that Swaran Singh (defendant No. 1) who was the son of her husband, Basawa Singh, had been adopted by one Hira Singh and he had illegally and without any right mortgaged the house in dispute in favour of Jaswant Rai, defendant No. 2. Thereafter, defendant No. 2 had, on the basis of this mortgage, obtained a decree for the sale of this house against defendant No. 1. That led to the filing of the suit by her for a declaration that she was the exclusive owner of this property and defendant No. 1 had no right to mortgage the same and consequently, it was not liable to be sold in execution of the mortgage decree, which was not binding on her. According to her, she had been given this house by her husband by means of a will. She had valued the suit for purposes of jurisdiction at Rs. 15,000/- and had paid a fixed court-fee of Rs. 19.50 under Article 17(iii) of the Second Schedule of the Court-fees Act.

(3.) Defendant No. 2 raised an objection that the suit was covered by Section 7(iv)(c) of the court-fees Act, because the plaintiff was claiming a declaratory decree with a consequential relief and, therefore, she was liable to pay ad valorem court-fee on the basis of the value fixed by her for purposes of jurisdiction.