IN RE: COURT-FEE ACT; KALIPADA MUKHARJEE Vs. STATE

JUDGEMENT

(1.) In Suit No. 135 of 1926 certain mortgagees sued to enforce by sale a mortgage granted by the present plaintiff-appellant for Rs. 40,000 and interest over property which the plaintiff now values at Rs. 1,20,000. A puisne mortgagee was impleaded as defendant. In the end, the property was sold to respondent 1 on the present appeal for Rs. 58,500. The amount due upon the first mortgage is not stated but the Registrar of this Court has been informed that it amounted to some Rs. 60,000. The sale was confirmed and a sale-certificate issued. On the auction purchaser seeking an order for possession there under the plaintiff objected and his objection was dismissed.

(2.) Alleging that an extension of time to deposit the balance of the purchase money was fraudulently obtained from the execution Court by the auction purchaser and that the auction purchaser was merely a benamidar for the puisne mortgagee defendant the plaintiff brought the present suit asking for a declaration that he still retains his equity of redemption and that the sale was illegal and inoperative and for an injunction restraining the auction purchaser and puisne mortgagee from taking possession of the mortgaged property which is still in plaintiff's possession. The suit was brought on 5 July 1929 before the Subordinate Judge.

(3.) Para 19 of the plaint was as follows: For determining the jurisdiction of the Court and court-fees, the suit for declaration rights etc., in respect of the disputed property being laid at Rs, 1,20,000 the value of the disputed property, the plaintiff brines this ease on payment of a court-fee of Rs. 20 for declaration and a court-fee of Rs. 8-2-2 on Rs. 50 at which the suit is valued for issue of an injunction.