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Malkai Mukhadrai Uzwa Badshah Mehal Saheba Vs. Mohamed Masik - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1884)ILR10Cal380
AppellantMalkai Mukhadrai Uzwa Badshah Mehal Saheba
RespondentMohamed Masik
Excerpt:
court fees act (vii of 1870), section 7, clause (c) - suit to set aside a trust deed and to recover trust money--appeal by trustee--duty payable on memorandum of appeal. - richard garth, c.j.1. i have no doubt whatever that in this case the nature of the appeal is the same as the value of the suit, namely, rs. 2,50,000.2. the question is not what is the defendant's personal interest in the subject-matter of the suit. he may have no personal interest at all; and yet the subject-matter of the appeal may be as valuable as the subject-matter of the suit. there is nothing, as far as i can see, in the defendant's objection.
Judgment:

Richard Garth, C.J.

1. I have no doubt whatever that in this case the nature of the appeal is the same as the value of the suit, namely, Rs. 2,50,000.

2. The question is not what is the defendant's personal interest in the subject-matter of the suit. He may have no personal interest at all; and yet the subject-matter of the appeal may be as valuable as the subject-matter of the suit. There is nothing, as far as I can see, in the defendant's objection.


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