- (1.) This appeal has been preferred under Section 6-A of the Court Fees Act against the Judgment and order dated 10-8-1987 of District Judge Ballia by which the Appellants have been directed to value the appeal regarding accounting in respect of income from house property at Rs. 30,000/- instead of Rs. 1,000/- and with respect to property of Thakur Ji at Rs. 96,000/- instead of Rs. 1,000/- and to make good the deficiency in the memorandum of appeal filed by them.
(2.) Dr. Shambhu Nath Singh and two others, Plaintiff-Respondents Nos. 1 to 3, filed suit No. 109 of 1974 in the court of Civil Judge Ballia against Bhaiya Hardeo Singh and Bhaiya Awdesh Singh, Defendants No. 1 and 3, who are the Appellants in the present appeal, are also against some other Defendants. The reliefs claimed in the suit are aS follows: (i) A decree for partition of 1/3rd share of the Plaintiffs in property mentioned in Schedule I, III, and IV and v. the plaint and for possession; (ii) a decree for declaration that the Plaintiffs and the Defendants are beneficiaries of 1/3rd share each in the property given in Schedule II and also for declaration that the Plaintiff no 1 and Defendant No. 2 are entitled to act as Joint-Sarvarakar and are entitled to jointly manage the temple and the property mentioned in schedule II of the plaint; and (iii) Defendant no 1 be ordered to render accounts of the property mentioned In schedule II from 16-6-73, the day on which he refused to render accounts and onward & Defendant no 1 be ordered to reader accounts of the property mentioned in Schedule IV from 16-6-1973 the date in which he refused to render accounts an-1 onwards or for such period which the court thinks fit and proper till he continues to be in exclusive possession and management of the property mentioned in schedule II end IV of the plaint the additional court fee being payable in the execution department if found necessary and Defendant no 1 be ordered to render accounts of the property mentioned in Schedule IV from 16-6-1973, the date on which he refused to render accounts and onwards or for. such period which the court thinks fit and proper.
(3.) The learned Civil Judge Balia by his judgment and decree dated 30-9-1985 decreed the suit and granted several reliefs, she principal being that the Plaintiffs had 1/3rd share in the property described in Schedule I and III of the plaint and the Plaintiff No. 1 aid Defendant No. 2 were declared as Joint-Sarvarakars of the Thakur Ji and further the Plaintiffs were held entitled to an amount of Rs. 96.000/- from Defendant no 1 with regard to the income from Thakur Ji in respect of property described in Schedule-II for the period June 1973 to May, 1985 The Plaintiffs were also declared to be the owners of 1/3rd share in the house described in Schedule-IV and to an amount of Rs. 30,000/- from Defendant No. 1 as income of the house property from June, 1973 to September, 1985 on payment of requisite court fee in execution proceedings.;