Appeal No 444 of 1966
Appeal by special leave from the judgment and order dated October 9 1963 of the Allahabad High Court in FAFO No 268 of 1957
ND Karkhanis and OP Rana for the appellant
R Gcpalakrishnan for respondents Nos 1 i to iv vii and xi The Judgment of the Court was delivered by Shah J
One Radhey Lal instituted Suit No 4 of 1950 in the Court of the Civil Judge Jaunpur for a declaration that he was the owner in possession of the estate left by Dhan Devi
To that suit Ram Krishan Burman was impleaded as a party defendant
This suit was decreed ex parte
Ram Krishan then filed Suit No 14 of 1956 in the Court of the Civil Judge Jaunpur against the heirs of Radhey Lal who had died since the passing of the decree in Suit No 4 of 1950 claiming that 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 1116th share and that he had 516th 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 of the plaintiff and against the defendants declaring the plaintiff as the owner of the properties in Lists A B J  D be passed b in case in the opinion of the Court prayer a cannot be granted then alternatively declaration declaring the plaintiff as the owner of properties in B J and D being the stridhana of Rani Dhan Dai Kaur be 590 issued decree in Suit No 4 of 1950 has no adverse effect on the rights of the plaintiff The plaintiff valued the properties in dispute at Rs 59950363 but on the footing that he had claimed a mere declaration paid Rs 18120 as
court fees as in a claim under Sch
II el 17iii of the Court Fees Act
The Inspector of Stamps reported to the Civil Judge that in his view the case fell within section 7vi A as incorporated by the UP State Legislature and court fee was chargeable according to the value of the subject matter and the plaintiff was liable to pay Rs 35288 as court fee on the plaint
The Civil Judge ordered the plaintiff to amend the plaint and to pay the court fee remaining due
The plaintiff appealed against the order of the Civil Judge to the High Court of Allahabad
The High Court held that the court fee paid by the plaintiff was proper and set aside the order holding that the case did not fall within section iv A of the Court Fees Act
The State of UP has appealed to this Court with special leave
Section 7 iv A of the Court Fees Act as enacted by the UP State Legislature insofar 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 an 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 There is no dispute that the plaintiff claimed a declaration adjudging void the decree in Suit No 4 of 1950 declaring Radhey Lal box 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 Sch
II CL 17iii of the Court Fees Act
But counsel for the State of UP contends that the reliefs claimed fell within section 7iv A of the Court Fees Act
Counsel says that the expression decree for money or other property does not mean a decree awarding money or other property but a decree concerning or relating to money or other property and he says that where the Court declares the plaintiff s title to money or property simpliciter the decree is one for money or for other property
We are unable to 591 agree with that contention
The expression for occurs twice in the opening part of the clause
Evidently the expression for when it occurs for the first time means for obtaining a decree ordering payment or recovery of
The expression for also occurs in several other clauses of the Court Fees Act
In section 7 of the Court Fees Act as amended by the UP Legislature which deals with computation of court fee payable in certain classes of suits following clauses occur i In suits for money ii a In suits for maintenance and annuities or other sums payable periodically  b In suits for reduction or enhancement of maintenance and annuities or other sums payable periodically iii In suits for movable property other than money where the subject matter has a market value iv In suits b for accounts iv B
In suits afor a right to some  to arise out of land
iv C
In suits a for the restriction of conjugal fights bfor establishing or annulling or dissolving a marriage c for establishing a fight to the custody or guardianship of any person
v A
In suits for possession  v 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 mortgage for the recovery of the property mortgaged
x In suits for specific performance 592 xi In the following suits between landlord and tenant afor the delivery by a tenant of the counter part lease c for the delivery by a landlord of a lease cc for the recovery of immovable property from a tenant
f for abatement of rent g for commutation of rent In all these clauses the expression for is used as meaning for obtaining a decree ordering payment or recovery of
If the expression for occurring for the first time in section 7 iv A means in the context in which it occurs obtaining a decree for cancellation of or adjudging void or voidable a decree it would be difficult to hold that the expression decree for money or other property has a wider connotation and means a decree which concerns or relates to money or other property
A decree for declaration of title to money or other property is not a decree for money or other property
In our judgment the expression decree for money or other property means only a decree for recovery of money or other property
It does not include a decree concerning title to money or other property
It was urged that in any event the plaintiff had sued for adjudging void or voidable an instrument securing money or other property having market value
But a decree in invited is not an instrument securing money or other property such a decree is a record of the formal adjudication of the Court relating to a right claimed by a party to a suit
It does not by its own force secure money or property
A consent decree in 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 in 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
593 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 Magistrate Jaunpur was in possession of the property in dispute and if the civil court declared the title of the plaintiff he would be entitled to secure recognition of his rights
Before parting with the case we must observe that we have felt greatly perturbed by the course which this litigation has taken
The suit was filed in 1956
And after 13 years only the question of court fee payable on the plaint is decided
In the meanwhile the original plaintiff died
The delay is largely attributable to the rigid attitude of the State which has by insisting upon a comparatively small claim held up the proceedings for all these long years by raising contentions which had no merit
We trust the Court of First Instance will take up this suit for hearing with the least practicable delay and dispose of the suit according to law
The State to pay in this appeal the costs of the heirs of the original plaintiff
GC Appeal dismissed


Summary:
As the reversioner of a Hindu widow s estate one R  instituted suit No 4 of 1950 in the court of the Civil Judge Jaunpur for a declaration that he was the owner in possession  of the said estate B  who claimed to be an heir of the widow was impleaded as a party defendant
The suit was decreed ex parte B  then filed suit No 14 of 1956 in the same court against the heirs of R  who died after the passing of the decree in his suit
In suit No 14 of 1956 B  claimed that as heir of the said widow he was entitled to her stridhuna properties
He averred that in suit No 4 of 1950 R  had arrived at an oral compromise with him promising him 516th share in the whole estate that the oral compromise was later reduced into a memorandum that R  had represented to him that a compromise decree would be obtained in the suit and that taking advantage of his ignorance R  had obtained an ex parte decree against him
On these allegations B  prayed that he be declared the owner of all the properties left by the widow and in the alternative he be declared owner of her stridhan properties the decree in suit No 4 of 1950 having no adverse effect on his rights
On the footing that he had claimed a mere declaration B  paid Rs 1812 as court fees as in a claim under Sch
II cl
17iii of the Court Fees Act
The Inspector of Stamps however reported to the Civil Judge that in his view the case fell within section 7iv A of the Act as incorporated therein by the UP State Legislature and court fee was payable on the value of the subject matter of the suit
The Civil Judge ordered the plaintiff to amend the plaint and pay the court fee remaining due
In appeal the High Court decided in favour of the respondent
The State of UP appealed
It was contended on behalf of the appellant i that the plaintiff sought a declaration adjudging void the decree in suit No 4 of 1950 which was a decree for money or other property within the meaning of section 7iv A since that expression must include a decree concerning or relating to money or other property ii that in any case the decree in suit No 4 was an instrument  securing money or other property having market value and section 7iv A was therefore attracted iii that the relief for declaration was a mere device intended to conceal the true purport of the claim
HELD The appeal must be dismissed
X A decree for declaration of title to money or other property is not a decree for money or property
The expression decree for money or other property means only a decree for recovery of money or other property
It does not include a decree concerning title to money or other property
592 E F ii A decree ad invitum is not an instrument securing money or other property such a decree is a record of the formal adjudication of the 589 court relating to a right claimed by a party to the suit
It does not by its own force secure money or property
592 G iii The relief for declaration was not a mere device or subterfuge intended to conceal the true purport of the claim for the property in dispute was in the possession of the District Magistrate and if the Civil Court declared the plaintiff s title he would be entitled to secure recognition of his rights by the District Magistrate
593 A B