KELA Vs. RANDHIR SINGH AND OTHERS

JUDGEMENT

(1.) Dispute in the present case is regarding the quantum of Court fee payable by the petitioner-appellant while filing appeal against the judgment and decree passed by the Court granting relief of specific performance of the agreement to sell with respect to land measuring 68 kanals and 10 marlas. Appellant before the learned First Appellate Court is the petitioner in this Court has challenged the decree for specific performance of agreement to sell by filing the first appeal only with respect to 22 kanals and 17 marlas of land claiming that he is owner of the property i.e. 22 kanals and 17 marlas pursuant to a registered sale deed. Petitioner, appellant before the learned First Appellate Court, affixed the Court fee, according to the subject matter to be decided in the appeal, i.e. Rs.30,170/-.

(2.) Learned First Appellate Court has ordered the petitioner to pay the Court fee, which was affixed at the time of filing of the suit on the ground that if the appeal is allowed, the decree for specific performance with respect to entire land ultimately shall have to be reversed.

(3.) Payment of ad-valorem Court fee is governed by Court Fee Act, 1870 and the Schedule attached thereto. Article 1 of Schedule 1 provides that plain written statement pleading a set off or counter claim or Memorandum of Appeal or of cross-objections to any civil or revenue Court except those mentioned in Section 3 would be required to pay Court fee on the subject matter in dispute. In the present case, subject matter in dispute before the learned Appellate Court is only 22 kanals and 17 marlas. Article 1 Schedule 1 as applicable to State of Haryana is extracted as under:- <FRM>JUDGEMENT_241_LAWS(P&H)3_2018_1.html</FRM> <FRM>JUDGEMENT_241_LAWS(P&H)3_2018_1.html</FRM>