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1955 Supreme(All) 143

UPADHYA
CHIEF INSPECTOR OF STAMPS – Appellant
Versus
JASH PAL SINGH – Respondent


Advocates Appeared:
J.Swarup

UPADHYA, J.

( 1 ) THIS is a revision by the Chief Inspector of Stamps from an order passed by the Additional civil Judge, Agra, holding that the court fee paid on the plaint in suit No. 52 of 1949 was sufficient.

( 2 ) THE plaintiffs in the suit were the sons of one Kr. Nau Nihal Singh who had become an insolvent and the receiver appointed by the Court, defendant 1 in this case, had sold a house in which the plaintiffs alleged they had a three fourth share while only one-fourth belonged to the insolvent. The plaintiffs prayed for a declaration that the transfer by the receiver was illegal and not binding on them. The relief was claimed in the following language:-

" (1) It be declared that the sale of the ancestral residential house of the plaintiffs by the Official receiver defendant 1 in favour of Babu Lal father of defendant 2 is illegal, without authority land not binding on the plaintiffs or on their threefourth share in the said house and therefore no right, title or interest in the said house or at least in the plaintiffs share did pass to defendant 2. "

The Stamp Inspector, it appears, reported that ad valorem court-fee was payable and that a fee of rs. 165/10/- was chargeable







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