CHARLA SATYA VENKATA SUBBALAKSHMI Vs. COLLECTOR OF WEST GODAVARI DISTRICT AT ELURU
HIGH COURT OF ANDHRA PRADESH
CHARLA SATYA VENKATA SUBBALAKSHMI
COLLECTOR OF WEST GODAVARI DISTRICT AT ELURU
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Venkatesam, J. -
(1.) This Civil Misc. Appeal is against the order of the learned Subordinate Judge, Eluru, in E. P. No. 13 of 1959 in O. S. No. 44 of 1956. The relevant facts nay shortly be stated:
(2.) The first respondent, Chandramma, sued in forma pauperis against the second respondent for partition of properties, and for maintenance. The suit was decreed on 4-3-1957, and the decree of the Subordinate Judge is in the following terms: "(1) That the plaint B schedule property be divided into two equal shares by metes and bounds and that the plaintiff be put in possession of one such share; (2) That the defendant do pay plaintiff arrears of maintenance at the rate of 20 bags of paddy per year or money for the said bags calculated at the then prevailing market rate, commencing from 16-11-1951 (i.e.) on the 15th March of every year in those years, and do also pay future maintenance at the rate of 35 bags of paddy per year from 1-1-1956 payable on or before the 15th of March every year: (3) That items 1 to 7 of plaint "C" schedule do stand as a first charge for the realisation of the maintenance awarded to the plaintiff as above; (4) That the suit be and the same is hereby dismissed in other respects; (5) That the defendant do pay Govt. Rs. 196-13-0 being the proportionate pauper court-fee payable to Government in this suit in proportion to the above decree; (6) That plaintiff also do pay Government Rs. 931-5-0 towards the balance of pauper court-fee payable to Government in this suit and that the plaintiff be entitled to execute this decree only after payment of the said amount towards pauper court-fee to the Government; and, (7) That the defendant do pay plaintiff Rs. 23-2-0 towards proportionate costs incurred by her in this suit, and bear her own costs Rs. 156-0-0."
(3.) The Collector of West Godavari filed an Execution Patition for recovery of the court-fee due to the Government by sale of the properties which were charged for the plaintiffs maintenance. The defendant objected to the execution on the ground that, according to the decree, the plaintiff was entitled to execute it only after payment of Rs. 931-5-0 due towards court-fee that the Government standing in the shoes of the plaintiff, cannot execute the decree as the court-fee was not paid, and that the value of the caddy was not correctly noted. These objections were overruled by the executing Court, and further steps in execution were ordered.;
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