RUP CHAND GHOSE Vs. SRIMATI KHIRODAMAYI DASI

JUDGEMENT

(1.) The only point for consideration in this appeal relates to the question of Court-fee payable on the plaint in the suit out of which this apeal arises.

(2.) The prayers in the plaint are as follows:--(ka) That the Court may he pleased to declare that the plaintiff s purchase of the paternal right inherited by defendant No. 2 in the properties described in Schedule (ka) and (kha) below is valid and binding on the defendants under the circumstances stated above. (Kha) That the Court may be pleased to declare alter a true construction of the Will of the deceased Puran Chandra Mahata, that the estate left by him was fully administered at the time the Probate was taken and that the executrixes to his estate were not competent to retain possession of his estate as executrixes and that the said Probate is now only an inoperative instrument. (Ga) That the Court may be pleased to declare, that the defendants by their conduct and acts and deeds are estopped from claiming any sort of title against the plaintiff to the properties mentioned below which have been purchased by the plaintiff. (Gha) That if in the judgment of the Court any portion of the said estate is yet un- administered, it may be ordered that the same may be administered by the Court, that arrangements may be made for keeping the plaintiff s purchased right therein unaffected, and that a Receiver may be appointed by the Court for that purpose. (Una) That a decree may be passed against the defendants for all the costs of the present suit. (Cha) That the Court may be pleased to grant any other relief to the plaintiff, to which he may be found entitled in the judgment of the Court.

(3.) The first prayer is for declaration of plaintiff s right, but in the fourth prayer the plaintiff prays for administration of the estate (if in the judgment of the Court any portion of it is yet unadministered) and for the appointment of a Receiver. The suit is, therefore, one for a declaratory decree where consequential releif is prayed and the Court below is right in holding that it is such a suit. The learned Subordinate Judge, however, fixed the value of the properties purchased by the plaintiff at Rs. 30,000 and held that the plaintiff must pay ad velorem Court-fee on that sum, viz., Rs. 975 minus Rs. 30 already paid by him.