SRIRAM RANGLAL Vs. BABURAO BHANDOBA ITKAR
LAWS(BOM)-1962-8-16
HIGH COURT OF BOMBAY
Decided on August 13,1962

SRIRAM RANGLAL Appellant
VERSUS
BABURAO BHANDOBA ITKAR Respondents


Referred Judgements :-

JAGANNATH V. LAXMIBAI [REFERRED TO]
GYASIRAM KANHAIRAM VAISHYA VS. BRIJBHUSHANDAS NARAYANDAS VAISHYA [REFERRED TO]
MT MUNIRAN VS. MTMUKHTAR BEGAM [REFERRED TO]


JUDGEMENT

- (1.)THIS is an application in revision against the order of the Taxing Officer. The respondent filed a suit against the petitioners for redemption of a mortgage executed by him on 16th January 1956 for a sum of Rs. 5000/ -. According to the petitioner-defendants, they were tenants on the suit properly from 17th October 1952 and one of the defences was that even though the plaintiff may be entitled to redeem as they were tenants in the property they were entitled to remain in possession as tenants. The Trial Court made a decree in redemption and the Appellate Court contirmed it. Against that decree the defendants come in appeal.
(2.)IN the appeal, the Taxing Officer called upon the defendant to pay Court-fee on the full amount of Rs. 5000/-being the consideration for the mortgage-deed. It is this order that is sought to be revised by the petitioners.
(3.)IT is clear from the prayers, which the petitioners make, that they are not challenging the redemption decres as such; they are only challenging the right of the plaintift to possession based on a tenancy in their favour. The Court fee therefore on a Memo of Appeal would be on the value of the subject-matter in difference between the decree granted by lower Court and the claim made in the appeal. This difference is to be arrived at in this way:


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