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1962 Supreme(All) 7

M. C. DESAI, B. L. GUPTA
KISHAN LAL – Appellant
Versus
A. S. HIGHER SECONDARY SCHOOL, JAHANGIRABAD THROUGH B. PEARELAL – Respondent


Advocates Appeared:
K.B.L.GAUR, S.B.L.Gour, SATISH CHANDRA

DESAI, C. J.

( 1 ) THIS is a report by the Chief Inspector of Stamps for realising from the appellant, who was the plaintiff in the trial Court, additional Court-fee payable on the plaint. We are not concerned with the other prayer contained in the report that the Additional Court-fee be realised from the appellant as payable on the memoranda of appeal in this Court because it will be dealt with by the Taxing Judge. The only question before us is whether any additional Court-fee should be realised from the appellint on the ground that the Court-fee paid by him on the plaint was insufficient.

( 2 ) THE suit brought by the appellant was for a declaration that a sale deed executed by one of the defendants for Rs. 1,500/- and a Waqf deed executed, by her in respect of property valued at Rs. 40,000/-, were not binding upon him on her death because she was a Hindu widow and the alienations made by her were without legal necessity and not for the benefit of the estate and he was the nearest reversioner. He paid ad valorem Court-fee on the plaint under Section 7 (iv-A) (2) on Rs. 8,300/-, the amount being one-fifth of the aggregate amounts of the sale deed and the waqf deed. The suit was c

























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