BALDEO MAHTON Vs. SUTHARI

JUDGEMENT

(1.) This application is by the plaintiffs, and is against the order passed by the Court below demanding additional court-fee in the circumstances following. The plaintiffs brought a suit for redemption of a mortgage dated 10th August 1896. The mortgage was for a sum of Rs. 141 in respect of 3 bighas 1 katha and 5 dhurs. The suit was for redemption of the mortgage, and it was further prayed that, in case the property mortgaged had been lost or damaged due to the default of the mortgagees, a decree for Rs 4000 as compensation should Be passed against the defendants because Rs. 4000 represented the market value of the mortgaged property. The suit was valued at Rs. 141 and court-fee was paid on that amount. The suit was dismissed, and there was an appeal to the lower appellate Court. While the matter was pending in appeal, the Court held that, as the plaintiffs had asked for an alternative relief for compensation to the extent of Rs. 4000, the plaintiffs were liable to pay court-fee on Rs. 4000 in appeal, and the value of the appeal should be raised from Rs. 141 to Rs. 4000.

(2.) A suit for redemption is governed by Section 7 (ix) of the Court-fees Act, and it is as follows :

(3.) In the result, the application is allowed and the order of the Court below is set aside; bat there will be no order for costs.