VASUDAVA BHATTA Vs. SRIMAD ANANHESWAR TEMPLE MANJESHWAR

JUDGEMENT

(1.) This revision petition raises a question of Court- fee in the following circumstances :

(2.) The Respondent which is a temple represented by its executive officer filed a suit for the recovery of possession of the plaint schedule land and for memo profits against the defendant who was its tenant . The suit was decreed. But on appeal the decision was recreated and the suit was dismissed on the ground that the executive officer was not competent to file the suit. In second appeal the High Court of Judicature at Madras , set aside the appellate judgment and remanded the case. When the matter came up again before the first appellant Court the questions of Court -fee was raised since pen plaintiff the ground, urged by the appellant -tenant was that he was entitled to compensation for improvements. The learned appellate Judge purporting to follow the principles laid down in Pachayakkar v. Shanmughavelayuthasami, AIR 1943 Mad 146, held that advalorem Court-fee was payable on the amount claimed by the appellant for the value of the improvement. The present revision petition is directed against this order.

(3.) It is urged by the learned Advocate for the petitioner that the decision relied upon by the learned appellate Judge is not applicable to the circumstances of this case. That case arose from a such for redemption and the learned Judge laid down the following principles: