ATHILI APPALASWAMY Vs. STATE

JUDGEMENT

(1.) O.S. No. 19 of 1960 on the file of the Sub-Court, Visakhapatnam, was a suit for specific performance of an agreement to sell, dated 7th June, 1959, under which the suit property was agreed to be sold for Rs. 25,000. In the lower Court, the plaintiffs valued the suit under section 39 of the Andhra Court-fees and Suits Valuation Act, VII of 1956 (herein after referred to as the Act) for a sum of Rs. 25,000 on the basis of value of five acres. Accordingly, the plaintiffs paid a court-fee of Rs. 1,706. The trial Court decreed the suit except for an extent of Ac. 0-80 cents conveyed by the third defendant under Exhibit B-7 and gave a direction that the consideration should be paid at the rate of Rs. 5,000 per acre. Aggrieved by the said judgment and decree, the fifth defendant filed the above appeal. He valued the relief at Rs. 20,900 on the basis of Rs. 5,000 per acre for Acs. 4-18 cents decreed and paid a court-fee of Rs. 1,427-50 nP. The Office, relying on the decision of the Madras High Court in Dullabho Sahu v. Adinarayana, A.I.R. 1937 Mad. 831. raised an objection and stated as follows :- "even though the lower Court has split up the suit agreement and held that the same in so far as it relates to Ac. 0-80 cents covered by Exhibit B-7 is not enforceable, still the appeal should be valued as in suit and not proportionately to the extent decreed. The Advocate states that the decision does not apply."

(2.) The Office also pointed out that the relief relating to costs should also be valued and that court-fee should be paid thereon. This matter was posted and argued before me. On 6th April, 1962, after hearing Shri D. V. Reddi Pantulu, I gave notice to the Second Government Pleader, having regard to the questions of law involved in this case and heard him also.

(3.) The two points that arise for decision are : (1) Whether the appellant has to Value the appeal at Rs. 20,900 being the value of 4-18 acres decreed against him or at Rs. 25,000 at which the plaint was originally valued on the basis of five acres ? (2) Whether the appeal has to be valued regarding costs also ? This point has been directly decided by my learned brother, Sanjeeva Row Nayudu, J., in Kadiyala Kasi Viswanadham v. Raghuramayya (unreported judgment of this Court, dated 2nd February, 1962 in C.R.P. No. 1084 of 1961). In that case, the question that fell to be determined was, whether the plaintiff had to value the suit on the basis of the original agreement for sale, namely, Rs. 67,875 and pay Court-fee thereon ; or, whether it was open to him to value the suit on the basis of the value of 3,500 square yards, which alone was the subject-matter of the relief in the suit, and in respect of which he had asked for specific performance, and pay court-fee on that Valuation. Therein, the learned Judge observed as follows :-