JUDGMENT :- This is an 'agravo' appeal directed against the order passed by the learned Subordinate Judge dated 5th November, 1965, requiring the plaintiff-appellants to pay court fees on Rs. 8,560/-.

2. The plaintiff-appellants (Parxurama Ladu Ussopcar and his wife) filed a suit for declaration of the right to indemnity against defendant-respondents (Shrimati Jaia and others) on account of occupation of a portion of the plot used as a tea shop by the defendant-respondents. A decree was passed in favour of the plaintiff-appellants. The plaintiff-appellants thereafter moved the learned Sub-Judge for claiming Rs. 8,560 as annual indemnity amount for the period 19th July, 1935, to 19th November, 1964, at the rate of Rs. 360 per annum. The Escrivao, in his office note, submitted that the plaintiff-appellants should pay Court fees on this amount under the relevant provisions of the Court Fees Act. The plaintiff-appellants felt that since they were executing the decree therefore court fee is not payable under the Court Fees Act. It was further stated on their behalf that as the original suit filed was under the Portuguese Civil Procedure Code therefore the law in force when the suit was f

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