BABU RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) BY the court heard Mr. Mohd. Shafiuddin, learned counsel for the petitioner and Mr. Jeevan, learned counsel for the respondent.

(2.) THE crp is against the order directing payment of court-fee in respect of the appeal filed under the Provisions of the public premises (eviction of unauthorised occupants) act. 1971. The district judge before whom the appeal was filed against the order of eviction made by the estate officer, under the Provisions of the above Act, has held that the court-fee is payable on the value of the property.

(3.) IN the Provisions under schedule 2 of the Karnataka court-fee Act, the following provision is made : " (3) memorandum of appeal (from a decision award or order) inclusive of an order determining any question under Section 47 or Section 144 of the Code of Civil Procedure, 1908 and not otherwise provided for when prevented.