GUNNA VENKATARATNAM Vs. GUNNA KESAVA RAO

JUDGEMENT

(1.) An important question as to procedure arises in this case.

(2.) The suit O S No. 147 of 1978 filed before the Subordinate Judge, Visakhapatnam by the respondents was valued at Rs. 18,000/-and the court fee was paid at Rs. 13, 500/- which is 3/4th of the value of the property under Section 24 of the A P Court Fees Act, 1956. For the purpose of jurisdiction, the suit was valued at the same amount of Rs.13,500/- in view of the provisions in Sec. 50 (1) of the same Act. The trial court decreed the suit, and the defendants have preferred this appeal showing the value of the appeal as Rs. 18,000/- by paying a court fee only on a sum of Rs. 13,500/-.

(3.) The registry has raised an objection stating that the value of the appeal is to be shown as Rs. 13,500/- and not Rs. 18,000/- and the appeal be presented before the District Court. There is no dispute regarding court fee payable ia this appeal. The Registry relies upon the provisions of Sec. 50(1) of the A P Court Fees Act which deals with the value for the purpose of jurisdiction. The said provision reads as follows:-