SHRI MATHRA DASS Vs. RAM KALI AND ANOTHER

JUDGEMENT

(1.) SHRIMATI Ram Kali Kali brought a suit for a declaration that the mortgage dead dated 16th of December, 1965, and the sale -deed dated 11th of May, 1966, executed by her mother Shrimati Ram Piari in favour of Mathra Dass, were without necessity and invalid in law and they were, consequently, not binding on her after the death of her mother. She also claimed a permanent injunction restraining Mathra Dass from alienating the property in dispute in any manner in future. In the alternative, a decree for possession of the property by pre -emption was also sought.

(2.) AGAINST this decision, the present revision petition has been filed by the defendant, Mathra Dass, under section 115 of the Code of Civil Procedure, and his objection is that the learned Subordinate Judge was in error in holding that the relief regarding permanent injunction was a consequential one. According to Mathra Dass, this relief was also a distinct one and separate court -fee should have been paid by the plaintiff thereon.

(3.) A preliminary objection was raised by the learned counsel for the respondent Shrimati Ram Kali, that the order of the trial Judge regarding the court -fee matter was not revisable by this Court in a revision petition at the instance of the defendant Mathra Dass. In that connection, be relied on the decision of the Supreme Court in Sri Rathna yarmaraja v. Smt. Vimla : A.I.R. 1961 S.C. 1299.