SHAHISTA QURESHI Vs. STATE OF M P

JUDGEMENT

(1.) This is a revision by the plaintiff against the order by which she has been directed to pay ad valorem Court fee on Rs. 2,61,922/-.

(2.) The plaintiff is widow of Sheikh Wahab and defendant No. 4 Sheikh Mehboob is his father. Sheikh Wahab was a school teacher in a Government School in Paraswara Block. He died pn 20.5.1999. A sum of Rs. 2,61,922/- is payable by the Government as death-cum- retirement dues. The plaintiff claims that he had nominated her during his life time to receive these dues in the event of his death; he had done so as per Government rules and therefore she alone is entitled to the said amount. The defendant No. 4 submitted an application under Section 372 of the Indian Succession Act for grant of the succession certificate. The plaintiff also submitted an application for the same purpose. An order was passed on 7-8-2000 for grant of succession certificate in respect of l/4th amount in favour of the plaintiff and for 3/4th amount in favour of the defendant No. 4 as per Muslim Law of inheritence. That order was maintained in appeal also. The plaintiff filed a revision against that order. That was also dismissed with an observation that she may have recourse to the regular civil suit. Such a suit can be filed as per Section 387 of the Indian Succession Act. The plaintiff has filed the suit seeking the declaration that she alone is entitled to receive the amount on the basis of the nomination in her favour as per Government rules. She has valued the suit for declaration at Rs. 5,000/- and paid Court fee of Rs. 500/-. She has valued the suit for the purpose of pecuniary jurisdiction at Rs. 2,61,922/- and filed it before , the Second Additional District Judge, Balaghat.

(3.) The trial Court framed a preliminary issue and after hearing both the sides directed the plaintiff by the impugned order to pay ad valorem Court fee.