MAMMU K K Vs. STATE OF KERALA

JUDGEMENT

(1.) After condoning the delay of 364 days, the Land Acquisition Appeal comes up for admission today. The learned counsel appearing for the appellant submitted that connected appeals were allowed and the cases were remanded to the Land Acquisition Court. The counsel submitted that in such circumstances, the appeal may be allowed and the case may be remanded to the reference court. The appellant also wants a direction to refund the one third court fee paid on the memorandum of appeal. In other words, the learned counsel submitted that the appellant need not be made liable to pay the balance two third court fee and then to get refund of the entire court fee. If payment of Court Fee and refund of the same alone are taken into account, what is submitted by the learned counsel for the appellant would appear to be simple. The question is whether such a course can be adopted in a case where only one third of the Court Fee is paid.

(2.) Section 52 of the Kerala Court Fees and Suits Valuation Act, 1959 provides for payment of court fee in an appeal. Before insertion of the second proviso to S. 52 of the Kerala Court Fees and Suits Valuation Act, full court fee was payable on the memorandum of appeal. After insertion of, the second proviso by the Amendment act 6 of 1991, the appellant need pay only one third of the court fee payable in an appeal at the stage of admission and the balance court fee shall be paid within such period, not later than fifteen days from the date of such admission as may be specified by the court, after admission of the appeal. By the same Amendment Act 6 of 1991, S. 4A was inserted whereby the plaintiff need pay only one tenth of the court fee along on the plaint at the time of institution of suit and the balance court fee shall be paid within a period of 15 days from the date of framing of the issues.

(3.) Section 67 of the Court Fees and Suits Valuation Act provides for refund of court fee in the case of remand. S. 67 reads as follows: