BHANUMATHI K Vs. GUNTUR MUNICIPAL COUNCIL

JUDGEMENT

(1.) This Revision is filed against the order passed in O.S. No. 262/89 on the file of Additional Subordinate Judge, Guntur.

(2.) The Suit is filed by 19 plaintiffs for a permanent injunction restraining the defendants from interfering with their possession and enjoyment of schedule of property, consisting of plots 1 to 19. The plaintiffs valued the Suit and paid the Court Fee under Section 26(c) of A.P. Court Fees & Suits Valuation Act. The Inspection Staff took objection and issued a check slip stating that the Court Fees cannot be paid under Section 26(c) of the Act on the ground that though single Suit is filed, the reliefs sought are individual in respect of plots 1 to 19. Therefore, the plaintiffs have to pay Court Fee on each relief.

(3.) It was contended on behalf of the plaintiffs that common questions of law and fact arise and as such the plaintiffs are right in joining in one suit and that the Court Fee paid is proper. It is further submitted that under Section 16 of the A.P. Court Fees & Suits Valuation Act, Court Fee examiner appointed by the High Court alone should examine the correctness of the Court Fee and not the District Judge at the time of inspection etc. The lower Court negatived the contentions and directed to pay the Court Fee as per the check slip.