KOSAM SUDHAKAR Vs. GUDISEVA VENKATESWARA RAO

JUDGEMENT

(1.) The appellant/ 6th plaintiff has filed the present Civil Miscellaneous Appeal before this Court being aggrieved by the order, dtd. 30/3/2017, passed in O.S.GL.No.1710 of 2017 by the Principal District Judge, Machilipatnam, (in short 'the court below').

(2.) The plaintiffs filed the suit for recovery of possession of the plaint schedule land from the defendant contending inter alia that the defendant took the plaint schedule land on an oral lease in the year 1993 on an agreed makta/rent of 5 bags of paddy for Dalva per year for the schedule land. The defendant claiming the rights over the plaint schedule property as vendee from the Kosanam Sesha Kota Mallayya and plaintiffs 5 and 6 and filed O.S.No.391 of 2010 on the file of Principal Junior Civil Judge, Machilipatnam for specific performance of agreements of sale dtd. 24/10/1994 and 20/2/1995 respectively in respect of plaint schedule properties and the same is pending. The alleged two agreements of sale are forged and fabricated documents. Therefore, according to the plaintiffs, the defendant is not entitled to seek for specific performance. As per alleged endorsements on the alleged agreements of sale clearly postulates that the defendant was inducted as a tenant of the plaint schedule property and he cannot continue in possession of the suit schedule property as tenant in view of non payment of makta and for claiming adverse rights over his landlords. Therefore the suit is filed for eviction of the defendant from the plaint schedule property.

(3.) The court below took an objection about computation of court fee for the jurisdiction i.e the suit is between landlord and tenant. Hence how the court fee is computed under Sec. 29 of APCF and SV Act, as the suit is between landlord and tenant, the plaintiff has to pay court fee under Sec. 40(2) of APCF and SV Act. The Advocate represented that since the defendant claiming schedule land as vendee as such the plaintiff filed the suit and paid the court fee under Sec. 29 of Andhra Pradesh Court Fees and Suits Valuation Act, 1956 (in short 'APCF and SV Act").