LAWS(APH)-2007-3-63

ABEDA BEGUM Vs. RAJPUT ANASUYA BAI

Decided On March 23, 2007
ABEDA BEGUM Appellant
V/S
RAJPUT ANASUYA Respondents

JUDGEMENT

(1.) The defendants in O.S. No.166 of 1999 on the file of the Additional Chief Judge-cum-Family Court, Secunderabad are the appellants in this appeal.

(2.) Respondent filed the suit on 9-12-1999 for specific performance of the Agreement of Sale dated 18-10-1998 executed in her favour or in the alternative for refund of Rs.1,50,000/- and damages of Rs.50,000/- with interest at the rate of 24% per annum from 18-10-1998 till realization. After contest by the appellants the trial Court passed a decree in favour of the respondent directing the applicants to pay Rs.1,50,000/- with costs, together with interest at 24% per annum from 18-10-1998 till realization.

(3.) Aggrieved by that decree defendants preferred this appeal and paid Court fee of Rs. 3,426/- against the granting of a decree for Rs.1,00,000/- against them. Registry took objection that the Court fee paid is not correct and that appellants have to calculate interest at 24% per annum from 18-10-1998 till realization on that amount also as per the decree and pay Court fee on that amount also. Since the learned Counsel for the revision petitioner contended that the Court fee paid is sufficient, the case is listed for orders relating to the deficiency of the Court fee paid.