JUDGMENT

1. A question has been raised in this appeal as to the amount of Court-fee to be paid in respect of relief (a), claimed in paragraph 13 of the plaint. That relief is in the following terms: I may be declared as against the defendants that the plaintiff and her descendants generation after generation are entitled to receive from the defendants and their representatives Rs. 100 per mensem, which is a charge on the property mentioned in Schedule A." There is a further prayer for the recovery of Rs. 1,800 as arrears. Court fees were paid as to the first relief of a sum of Rs. 10, it being contended on behalf of the plaintiff that she was liable under Clause 17 of Schedule II of the Court Fees Act to the payment of a Court fee of Rs. 10 only. An objection was raised in the Court below as to the amount of Court-fee in respect of this part of the claim. The learned Subordinate Judge decided in favour of the plaintiff. The claim was, however, dismissed and an appeal has been preferred by the plaintiff to this Court.

2. The office submitted a report that the amount of Court fee, namely, Rs. 10, which the plaintiff has paid in regard to relief (a) in the plaint and on the memorandum o