NARAYAN GANGADHAR DESHPANDE Vs. RANGO KRISHNA DIXIT

JUDGEMENT

(1.) This revision petition raises an interesting question of law. The petitioners obtained a decree for specific performance in R. O. S. No. 61/47, in the Court of the Civil Judge, Junior Division, Gokak. As per the terms of the decree, the plaintiffs were required to deposit the balance of consideration within the time fixed therein. But, they failed to deposit the amount in question. After the date fixed in the decree, the respondent applied to the Court under clause (c) of S. 35 of the Specific Relief Act, praying that the decree passed may be rescinded as the plaintiffs had not made the deposit in question. The learned trial Judge accepted that application and vacated the decree. As against that order, the plaintiffs went up in appeal to the learned District Judge, Belgaum. In that appeal, they were required to pay ad valorem Court fee on Rs. 3000/-, i.e., the valuation (for the purpose of jurisdiction) put on the plaint in R. O. S. No. 61/1947. The petitioners had affixed a stamp of ten annas to their appeal memo. It was contended on behalf of the petitioners that the relied prayed for by them fell under Art. 17(3) of Schedule II of the Court-Fees Act and that they were liable to pay only a fixed Court fee of Rs. 18-12-0. This contention was negatived by the appellate Court, and finally the appeal was rejected for non-payment of Court fee, alter the appellants had failed to comply with the order of the Court to pay the additional Court fees determined.

(2.) Sri Shrigurkar, the learned Counsel for the petitioners, contends that the relief granted by the trial Court falls within the ambit of Art. 17(3) of Schedule II of the Court Fees Act. According to him, it was a declaratory relied. To find out the true scope of the order of the third Court, we have to look to S. 35(C) of the Specific Relief Act. Under sub-clause (c) of the Specific Relief Act. Under sub-clause (c) of S. 35:

(3.) In the result, this petition fails and the same is dismissed. In the peculiar circumstances of this case, I make no order as to costs.