LAWS(MAD)-2007-10-488

MARIYAYEE Vs. COURT OF DISTRICT JUDGE, TRICHIRAPALLI

Decided On October 11, 2007
MARIYAYEE Appellant
V/S
COURT OF DISTRICT JUDGE, TRICHIRAPALLI Respondents

JUDGEMENT

(1.) The petitioners filed a civil suit in O. S. No.227 of 2004 on the file of the Sub Court, Tiruchirappalli for specific performance of an agreement of sale and in the alternative for recovery of money. The suit was referred to Lok adalat, where it ended in a compromise on 03.09.2006. In terms of the compromise, the petitioners received a sum of Rs.11,62,500/-. The Lok Adalat ordered the refund of Court fees in terms of Sec.21 of the Legal Services authorities Act, 1987.

(2.) Therefore, the petitioners filed necessary application before the Trial court for refund of the full Court fee. But the Civil Court ordered refund of only half the Court fee. Therefore, the petitioners have come up with the present writ petition, seeking a direction for refund of the balance Court fee.

(3.) Heard Mr. G. R. Swaminathan, learned counsel for the petitioners and mr. Pala. Ramasamy, learned Special Government Pleader for the respondent.