MANDAPAKA SUDARASANA RAO Vs. CHALLA NARASIMHAM NAIDU

JUDGEMENT

(1.) THIS is an appeal against the judgment of the Subordinate Judge of Srikakulam remanding the suit to the trial Court. The material facts may be briefly stated:

(2.) THE Plaintiff sold the suit properties to the Defendant on 13 -3 -1947 for a stated consideration of Rs. 5,500/ -. Alleging that the consideration actually paid was only Rs. 3,000/ - and there was an agreement for reconveyance of those properties entered into on the same date for this sum of Rs. 3,000/ -, the Plaintiff filed the suit which gives rise to this appeal in the Court of the District Munsif of Srikakulam for specific performance of that agreement of sale. He valued the suit under Section 7, Clause (x), Court -fees Act, at Rs. 639 -1 -9 and paid a court -fee of Rs. 71 -15 -0.

(3.) THE matter was taken in appeal and the main grounds urged in support of the appeal were that as time was granted till 15 -11 -1950 and since he had time till the evening to pay the court -fee the suit could not. be dismissed earlier in the day and the Court -fee as originally paid by him was correct. The appeal was opposed on the grounds that the correctness of the order of the trial Court on the question of court -fee could not be canvassed in appeal as it had become final and that under Section 12 of the Court -fees Act, the question of compatation cannot be gone into by the appellate Court. Alternatively, it was contendect that the proper court -ice payable is on Rs. 6,500/ - and not on Rs. 3,000/ -.