SRIMANTHU RANI YARLAGADDA VENKATA DURGAMBA BAHADUR Vs. SRIMANTHU RAJA YARLAGADDA SIVARAMA PRASAD BAHADUR ZAMINDAR AND OTHERS

JUDGEMENT

(1.) S. T. Appeal No. 32 of 1964 is preferred against the order of the Estates Abolition Tribunal, Machilipatnam in O. P. No. 15 of 1956 rejecting the petition filed by the appellant on 27-9-1950 under Section 54-A (4) of Madras Act 26 of 1948 praying that a sum of Rs. 7,47,442-3-5 be paid to her from out of the advance compensation amount and the compensation that would be deposited later on in respect of Devarkota Estate.

(2.) The appellant made the application claiming to be a creditor of the Ist respondent, her husband. A notice was issued to the Advocate for the appellant on 3-2-1964 calling upon him to pay ad valorem court-fee on or before 12-2-1964. It was represented to the Tribunal that no further court-fee was payable under the Rules then in force framed under Section 67 of the Act regarding the court-fee payable. The Tribunal did not agree with the contention put forth by the counsel appearing for the appellant and relying upon the new Rules notified and published in the Andhra Gazette dated 18th August 1955, directed the appellant to pay the deficit court-fee as provided in the Rules which came into force on the aforesaid date on or before 23-3-1964. As the deficit court-fee was not paid as ordered by the Tribunal, a consequential order was made by it on 25-3-1964 rejecting the application. The present appeal and the revision are preferred against that order.

(3.) Mr. Y. Suryanarayana, learned counsel appearing for the appellant, contended that on the date when the appellant filed the application under Section 54-A (4), the court-fee payable under the Rules was annas twelve, that prescribed court-fee under the Rules then in force was paid by the appellant, that the new rules invoked by the Tribunal were not made retrospectively applicable; and as such, the Tribunal fell into a grievous error in directing the appellant to pay court-fee on ad valorem basis.