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TMI Blog1967 (9) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he was appointed an heir by Dhan Devi of properties described in lists B, J D in the plaint, that the dispute concerning the inheritance to the estate left by Dhan Devi was settled between him and Radhey Lal, that Radhey Lal admitted his title to the properties in Lists B, J D and it was agreed that in the properties in Lists A, B, J D Radhey Lal had 11/16th share and that he had 5/16th share, that a memorandum was drawn up in that behalf, and that Radhey Lal represented to him that a compromise decree will be obtained in that suit, but thereafter taking advantage of his ignorance Radhey Lal obtained a decree ex parte. The following substantive reliefs were claimed by the plaintiff : (a) that a declaratory decree in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ture, in so far as it is relevant, reads : In suits for or involving cancellation of or adjudging void or voidable a decree for money or other property having a market value, or as instrument securing money or other property having such value. (1) Where the plaintiff or his predecessor-in-title was a party to the decree or the instrument, according to the value of the subject-matter, and X X X X There is no dispute that the plaintiff claimed a declaration adjudging void the decree in Suit No. 4 of 1950 declaring Radhey Lal to be the owner in possession of the estate of Dhan Devi . The plaintiff by his plaint had claimed two declarations in the alternative, and prima facie, the plaint was of the description in Schedule II clause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land. (iv) C. In suits - (a) for the restriction of conjugal rights, (b) for establishing or annulling or dissolving a marriage, (c) for establishing a right to be custody or guardianship of any person. (v) A. In suits for possession X X X X (vi) B. In suits for possession between rival tenants - (vi-A). In suits for partition. (vii). In suits for the interest of an assignee of land-revenue. (ix) In suits against a mortgagee for the recovery of the property mortgaged. (x) In suits for specific performance - (xi) In the following suits between landlord and tenant - (a) for the delivery by a tenant of the counter-part of a lease, X X X X (c) for the delivery by a landl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operty. A consent decree certain cases may be regarded as an instrument securing money or other property, where the decree proceeds upon a contract which had that effect, but that is only because a consent decree is a record of the contract between the parties to which is superadded the seal of the Court. In our view the High Court was right holding that the court-fee paid on the plaint was proper. It may be pointed out that the plaintiff had claimed nothing more than a declaration with regard to certain properties. 8. We are also unable to accept the contention of counsel for the State that the relief for declaration was a mere device or subterfuge intended to conceal the true purport of the claim. It is evident that the District Magist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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