SHEKHAPPA Vs. ASSISTANT COMMISSIONER AND LAND ACQUISITION

JUDGEMENT

(1.) THIS is decree-holder's revision directed against the Execution court's order dated 5-6-1999 made in E. P. No. 538 of 1997 awarding him the Advocate's fee of Rs. 50/- only per cost towards the execution proceeding while declining his claim to the same at the rate of 50% of the advocate's fee awarded on the original suit.

(2.) ADMITTEDLY, the reference Court under Section 18 of the Land acquisition Act had passed an award in favour of the decree-holder in lac No. 3 of 1988, dated 17-4-1995 awarding compensation of Rs. 18,65,441-20 for his lands acquired for the public purpose. That award was put to execution by him in the said E. P. No. 538 of 1997. Whole of the award amount is stated to have been, recovered from the judgment-debtors. As regards the Advocate's fee payable for the Counsel representing the decree-holder in the execution proceeding, an application was filed to award the same at Rs. 5,900/- in accordance with the relevant provisions under Rule 100 (a) and (d) of the Karnataka Civil Rules of Practice, 1967. The Court below holding that the Advocate's fee has to be calculated per Rule 100 (f) (i) of the said Rules, has awarded only Rs. 50/- on this Court.

(3.) IN order to appreciate the validity or otherwise of the finding of the court below in awarding the decree-holder's Advocate's fee payable in the said E. P. No. 538 of 1997, it is necessary to advert to the relevant provisions of Rule 100 of the Karnataka Civil Rules of Practice, 1976 which regulates scale of Advocate's fee payable in various legal proceedings. The material provisions of this rule are excerpted below: Rule 100 (d) specifically deals with the scale of Advocate's fees payable in an execution case and it reads: