Mt. Chhatarpali vs Mt. Kalap Dei - 1931 Supreme(All) 133

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(All) 133

KING
Mt. Chhatarpali – Appellant
Versus
Mt. Kalap Dei – Respondent

JUDGMENT

King, J. - This is a reference u/s 5, Court-fees Act, 1870.

2. The plaintiffs alleged that they were next reversioners of Moti Rawat deceased and that his widow was transferring the property without legal necessity and was committing acts of waste. They claimed the following reliefs : (a) A declaration that the plaintiffs are next reversioners. (b) A declaration that after the widow's death a certain deed of partition will not be binding upon the reversioners and that they will be owners of a certain grove. (c) A declaration that two alienations by the widow will not be binding upon the reversioners after the widow's death, (d) A receiver may be appointed for the management of certain property detailed in Schedule (a).

3. They valued the suit at Rs. 12,000 for the purposes of jurisdiction, but paid a fixed court-fee of Rs. 10 on each of the four reliefs, that is, a total of Rs. 40. No objection was taken to the insufficiency of court-fees in the trial Court.

4. The plaintiffs being unsuccessful in the trial Court have filed a first appeal in this Court, and the stamp reporter has taksn objection to the insufficiency of court-fees both on the plaint and on the memorandum of app

Click Here to Read the rest of this document