RANCHHODLAL Vs. HARAKLAL

JUDGEMENT

(1.) THIS is a defendant's second appeal and raises a short question relating to court-fees.

(2.) THE plaintiff respondent brought the suit for arrears of rent and ejectment against the defendant in the court of the Munsiff, Nathdwara, which was decreed against him in respect of both reliefs. THE defendant then went up in appeal to the Civil Judge, Udaipur. In his memorandum of appeal, he questioned the decree of the trial court on both the counts, but somehow paid court-fees on the memorandum of appeal in so far as it related to the decree for arrears of rent only, and no court-fee was paid on the relief in so far as it related to the setting aside of the decree for ejectment. Consequently an application was made to the learned Judge in appeal for permission to put in the court-fees for the latter relief also. This prayer was refused. THE learned Judge then proceeded to hold that inasmuch as the defendant had prayed for relief both as to arrears of rent and for ejectment and had paid court-fees only on the arrears of rent decreed against him, the memorandum of appeal was insufficiently stamped, and, in this view of the matter, dismissed the appeal with costs. THE defendant has now come up in second appeal to this Court.