ALI MOHAMMED Vs. SABDAR ALI

JUDGEMENT

(1.) In this case a decree for possession of half share in the suit property was given by the learned District Judge, Udaipur in favour of the plaintiff's respondents. The appellant Ali Mohammed filed an appeal against the said decree. The respondents Sabdar Ali and Mohammed Hussain filed cross- objections. The value of the property was Rs. 5,000/-. On the date of the institution of the suit, i.e. 29-4-1944, the Mewar Court-fees Act was in force. The Rajasthan Court-fees Act came into force on 25-1-1950.

(2.) The plaintiffs filed cross-objection on the court-fee of Rs. 104/11/-, calculated in a valuation of Rs. 2,500/- according to the Mewar Court-fees Act. The office reported that the court-fees should have been paid according to the Rajasthan Act which was in force on the date of the filing of the cross-objection and that this amounted to Rs. 150/-.

(3.) Learned counsel for the plaintiffs contended that the right of appeal was a vested right and accrued on the date of the institution of the suit. The increase in the court-fees restricted such right of appeal and no restriction can be valid unless it is expressly made retrospective in its operation. Learned counsel relied on, Hoosein Kasam Dada (India) Ltd. v. State of Madhya Pradesh, AIR 1953 SC 221, Firm Hazi Sheikh Faizulla v. State of Vindhya Pradesh, AIR 1954 Vindh-Pra 5 and Chhakaurisingh v. Sri Krishna Pande, AIR 1941 All 134.