M.VENKATARAM NAIK Vs. VADITHYA SREERAM NAIK

JUDGEMENT

(1.) The Civil Revision Petition is filed aggrieved by the Order dtd. 30/6/2022 in C.F.No.563 of 2022 in O.S.No.-- of 2022 passed by the Junior Civil Judge, Puttaparthy, Ananthapuram District.

(2.) The Petitioner is the Plaintiff belonging to Schedule Tribe Community. A suit was filed for recovery of money said to have been given by the Petitioner to the respondent pursuant to an Agreement of Sale dtd. 10/3/2018 for an amount of Rs.5,80,000.00 said to have been given by the petitioner to the respondent under Agreement of Sale dtd. 10/3/2018 with regard to the suit schedule property. It is the contention of the Petitioner that though an agreement of sale was executed, the Respondent was evading to execute Registered Sale Deed by postponing the same on some pretext or the other. In that view, the petitioner sought for refund of the sale consideration with interest. As the same was not being paid, the said suit was filed for recovery of the suit amount with costs and future interests.

(3.) The suit was filed without paying Court Fee and exemption was sought on the ground that the Petitioner belongs to Schedule Tribes Community. The Petitioner relied on G.O.Ms.No.381, dtd. 20/3/1968, issued in exercise of the power under Sec. 68 of the Andhra Pradesh Court Fees and Suits Valuation Act, 1956 ( for short ' the Act, 1956'), exempting the members of the Schedule Tribes Community from payment of Court Fee. The trial Court relying on a Judgment of this Court in the case of Kopparthi Krishnamurthy V District Legal Services Authority and Others,2018 (2) ALT 198. rejected the plea of the Petitioner for exemption. Challenging the same, the present Civil Revision Petition is filed.