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Chhabraj and ors. Vs. Court of Wards - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in18Ind.Cas.577
AppellantChhabraj and ors.
RespondentCourt of Wards
Excerpt:
court fees act (vii of 1870), section 7 clause (ix) - mortgage decree for sale--separate property separately charged--appeal in respect of one property--court-fee payable. - - 1. this case is clearly distinguishable from the case in f. the rest of the decree-holder's decree for various other sums and for various other properties will still hold good even if the appellants' appeal succeeds. 365. i allow one fortnight to make good the deficiency.tudball, j.1. this case is clearly distinguishable from the case in f.a. no. 197 of 1912. here various properties have been held separately liable for separate sums of money. the present appellants are transferees of two parts of property which have been held liable for specific sums of money. if they succeed in their appeal, it is only those properties which will be released from the operation of the decree and it is only these sums which the decree-holder will lose. the rest of the decree-holder's decree for various other sums and for various other properties will still hold good even if the appellants' appeal succeeds. the correct stamp on this appeal will be rs. 365. i allow one fortnight to make good the deficiency.
Judgment:

Tudball, J.

1. This case is clearly distinguishable from the case in F.A. No. 197 of 1912. Here various properties have been held separately liable for separate sums of money. The present appellants are transferees of two parts of property which have been held liable for specific sums of money. If they succeed in their appeal, it is only those properties which will be released from the operation of the decree and it is only these sums which the decree-holder will lose. The rest of the decree-holder's decree for various other sums and for various other properties will still hold good even if the appellants' appeal succeeds. The correct stamp on this appeal will be Rs. 365. I allow one fortnight to make good the deficiency.


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