ANANTHAPADMANABHAIAH Vs. TAHSILDAR EXECUTIVE MAGISTRATE T NARSIPURA

JUDGEMENT

(1.) This appeal is from the ruling of Puttaswamy J., regarding the court-fee payable in Writ Petition No. 11630 of 1978.The petitioner therein has presented this appeal For the sake of convenience, he will hereinafter be referred to as the petitioner.

(2.) In the writ petition, the petitioner had impugned the order of the Tahsildar and Taluk Executive Magistrate, T. Narasipur (hereinafter referred to as 'the Executive Magistrate') dated 7-8-1978 rejecting his (the petitioner's) application made under - the Karnataka Debt Relief Act, 1976 (hereinafter referred to as 'the Act). In that application, he had prayed for declaring the mortgages executed by him in favour of respondents 2 to 11 in the writ petition, -as having stood redeemed and for putting him in possession of the mortgaged properties. The Executive Magistrate dismissed- that application holding that he (the petitioner) was not a 'debtor' as defined in clause (c) of Section 3 of the Act.

(3.) The office of this Court has raised an objection that the court-fee of Rs. 100/paid on the writ petition, was not sufficient and that the petitioner' had to pay deficient court-fee of Rs. 900/-because he had sought for relief in respect of 10 separate mortgage transactions with respondents 2 to 11 therein, that although the Executive Magistrate had passed a common order, the petitioner had a distinct interest in respect of each item of property mortgaged separately in favour of each of respondents 2 to 11 and that as such he had to pay separate court-fee in respect of each transaction with respondents 2 to 11 separately.