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september 1969

Supreme Court of India · 1969-09-26

STATE OF U.P. vs RAM KRISHAN BURMAN (DEAD) BY L. RS. & ORS.

Citation / case number
SC 1966/60267
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
RAM KRISHAN BURMAN (DEAD) BY L. RS. & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that a decree for declaration of title to property does not constitute a decree 'for money or other property' under Section 7(iv-A) of the Court Fees Act, 1870. The Court clarified that such a decree is not an instrument securing money or property, as it merely records the formal adjudication of a right claimed by a party. The appeal by the State of U.P. was dismissed, affirming that the relief sought was not a device to conceal the true nature of the claim.

STATE OF U.P. vs RAM KRISHAN BURMAN (DEAD) BY L. RS. & ORS. · Niyam