THAKAR Vs. SANTOSH KUMAR

JUDGEMENT

(1.) In this revision petition, the order of the learned District Judge requiring the petitioners to pay Court fee ad valorem on Rs. 31,000/- being the subject matter of the appeal, has been challenged.

(2.) The petitioner was granted a decree of possession by the trial Court by way of pre-emption of the land in dispute on payment of Rs. 49,000/-. He filed an appeal against that decree for its modification claiming that, the decree should have been granted on payment of Rs. 18,000/- instead of Rs. 49,000/-. The subject matter of the appeal, thus, was an amount of Rs. 31,000/-, and not the land in dispute. The learned District Judge, thus rightly held that the Court fee was payable on the said amount. This petition, therefore, must fail and is hereby dismissed with costs.

(3.) The petitioner is, however, allowed six weeks time to make good the deficiency in the Court fee.