SHANKAR PRASAD SINHA Vs. ALAMGIR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 1st March, 1977, passed by the 5th Additional Sub -ordinate Judge, Bhagalpur, in Title Suit No. 71 of 1968 whereby the plaint filed by the plaintiff -appellants before this Court, was rejected on account of not depositing the ad valorem court fee.

(2.) THE facts alleged in the plaint, in short, are that the plaintiff - appellants had filed the aforesaid title suit for redemption of mortgage deed dated 18th April, 1927 as also for a decree for an amount of Rs. 41,000/ - (Forty one thousand) by way of damages on account of loss of mortgage property. Recovery of possession was also sought and it was averred, inter alia, among other facts, that the suit property was put to auction sale as a result of a rent decree in favour of Ex -landlord and then the property was purchased by the defendants 2nd and 3rd set of the suit.

(3.) IT was submitted before me by the appellants ' lawyer that in a suit for redemption, the court fee liable to be paid is determined on the value of the mortgage amount which was Rs. 500/ -. The court fee is not to be paid on the value of the property sought to be recovered.