WAJDIBEGUM Vs. ABDUL GANI

JUDGEMENT

(1.) THIS order also governs Civil Revn. No. 63 of 1928. The question submitted for our decision is as follows: What is the value of a suit for redemption, when surplus profits are also claimed, for (1) jurisdiction and (2) Court-fees ? That is, whether merely the mortgage am out expressed in the mortgage or that amount and the amount of surplus claimed ?

(2.) WE have been referred to the case-law on the subject. In Deosthan of Sonegaon v. Mukunda [1901] 14 C. P. L. Rule 154, Ismay, J.C. held that in a suit for redemption the subject-matter of the suit is the charge created by the mortgage and the value of such subject-matter for the purposes of jurisdiction is the principal money expressed to be secured by the instrument. In that ease the plaintiff contended that the mortgage had been fully satisfied whereas the defendants claimed that a sum of nearly Rs.8000 was still due to them. The learned Judge writes: The amount of fee payable under the Court-fees Act in a suit fof redemption is computed according to the principal money expressed to be secured by the instrument of mortgage, and it stems to me that the same value may without any impropriety be adopted for the purposes of jurisdiction.

(3.) BUT the case is not really applicable to the one before us, for the Judge further states: But I do not think I am called on to discuss in the present case questions as to the mode of arriving at the correct jurisdiction value either in foreclosure or in redemption cases.