LAWS(PVC)-1948-9-112

WAMAN VISHWANATH DHOTE Vs. BALWANTRAO

Decided On September 15, 1948
Waman Vishwanath Dhote Appellant
V/S
BALWANTRAO Respondents

JUDGEMENT

(1.) THE question involved in this revision is the amount of proper court-fees to be paid on the plaint. The learned Judge of the lower Court has held that the plaintiff should pay court-fees on the amount of Rs. 4250 as the plaintiff has valued his claim for a declaration at Rs. 4200 and his relief for injunction at Rs. 50. The plaintiff has however paid a court-fee stamp of Rs. 20 for declaration and of Rs. 6-10-0 for injunction.

(2.) THE material allegations in the plaint on which court-fees are to be valued are these. The property in suit consisted of a malik makbuza field No. 240 at mauza Rohana and a house in the same village, admittedly belonging to one Deorao Pisaram. On 16th February 1928 Deorao gifted this property in favour of his sister's son Jagannath and placed him in possession of that property. On 30th September 1929, defendants 1-3 took a mortgage of Deorao's property and included in that mortgage the property in suit. Whether that property was included fraudulently or not is a question of merits with which I am not concerned at present.

(3.) THIS suit was decreed against defendants 1-5 but Jagannath who was impleaded as one of the defendants was discharged as he pleaded a paramount title being a donee from Deorao under a gift deed dated 16th February 1928, that is, prior to the mortgage dated 30th September 1929 on which the mortgage suit was based. As the plaintiff (Jagannath) apprehended that the mortgage decree is a cloud on his title and that defendants 5 and 6, the purchasers of the property in suit are likely to disturb his possession in execution of the mortgage decree, he filed the present suit for the relief of declaration and injunction. The relief is prayed in the following words: The plaintiff prays for a decree against the defendant for a declaration that he is the owner of the property described in para, 1 of the plaint and restraining defendants 4 and Section from disturbing the possession of the plaintiff and that the costs of the suit be decreed against defendants 1-5. This is the plaint on which a proper court-fee is to be determined.