LAWS(KER)-2010-5-93

PURUSHOTHAMAN S/O. KANDAN Vs. BALAKRISHNAN AND ORS.

Decided On May 20, 2010
Purushothaman S/O. Kandan Appellant
V/S
Balakrishnan And Ors. Respondents

JUDGEMENT

(1.) HEARD .

(2.) THE appellant challenges the order dismissing an application instituted for leave to sue as an indigent person. The court fee payable by him on the plaint is Rs. 58,700/ -.

(3.) IN the cross examination, he said that an amount of Rs. 8,00,000/ - was collected as compensation for land acquisition. In re -examination, it is clarified that the land acquired belonged to his wife. Therefore, his statement that he accompanied his wife to collect the land acquisition compensation does not mean that the amount covered by the acquisition belongs to him. The court below appears to have taken the view that the petitioner had suppressed the fact that he is an FCI pensioner. This is not correct. We have already noted his pleading in that regard. His statement that he lives in a house in Bolgatty is not in any manner sufficient to indicate that he has any other ways of income or means to pay the court fee.