MAKUND RAM Vs. MTRUQAIYA KHATUN

JUDGEMENT

(1.) This is a stamp reference in respect of an appeal which purports to seek the relief of a mere declaration. The reference arises out of a suit for sale upon a mortgage. One of the defendants, Makund Ram, was impleaded as a subsequent transferee of a portion of the mortgaged property. Subsequently, it transpired that Makund Ram had parted with his proprietary interest in the property by a partition in favour of his two sons and a grandson. Under the terms of the partition the property went to the sons, while Makund Ram himself was entitled to get a maintenance allowance of Rs. 80 per mensem from his sons and grandsons. The latter were to be personally liable for payment of this amount, and the allowance was further secured by a charge upon the property in the hands of the sons. The suit was dismissed as against the sons as being time barred, but was decreed against the remaining defendants, including Makund Ram; and the decree contained a direction that Mukund Ram's charge upon the mortgaged property was to be sold in execution of the decree.

(2.) Makund Ram appealed against the decree, claiming his relief as follows: That the Hon ble Court will be pleased to modify the decree of the Court below by granting a declaration that the plaintiffs are not entitled to get the right of Makund Ram sold, or grant such other and further relief as it may deem fit.

(3.) The appeal was valued at Rs. 7,970 (the decretal amount) and a court-fee of Rs. 10 only was paid on the memorandum of appeal as for a declaration.