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1956 Supreme(All) 161

AGARWALA, BEG
PT. CHANDRA DHAR DUBE – Appellant
Versus
RAM JANKI – Respondent


Advocates Appeared:
HAZARI LAL, Krishna Shankar, Rajeshwari Prasad

BEG, J.


( 1 ) THIS is an appeal from an order under Section 16a, Court-fees Act. It arises out of a suit brought by three plaintiffs. Plaintiff No. 1 alleges himself to be the trustee and manager of the property dedicated in favour of plaintiffs Nos. 2 and 3, who arc the deities in whose favour the property is said to have been dedicated under a deed executed by one Smt. Janki. The aforementioned three plaintiffs came to court seeking the following reliefs: 1. That it be declared that the sale deed executed by Smt. Sunjhari in favour of Sri Ram Janki dated 14-10-49, in respect of the house in suit is void ab initio and does not affect the title and interests of the plaintiffs Nos. 2 and 3;

( 2 ) IF it be found that the plaintiffs are not In possession of the house in suit, then possession be delivered to the deities who are plaintiffs Nos. 2 and 3 by ejecting the defendants. 2. The trial court held that so far as the first relief is concerned, it involves cancellation of or adjudging void a sale deed executed by Smt. Sunjhari who was a predecessor-in-title of the plaintiffs in favour of Sri Ram Janki; and therefore the court fee on the said relief was payable under Section 7 (iv-A)
















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