TEKANA KAVANDAN Vs. ALIGIRI KAVANDAN

JUDGEMENT

(1.) Under Section 12, Clause (1), of the Court-Fees Act, the decision on the question of Court-fee by the Court of first instance is final between the parties and hence that decision cannot be questioned by the defendant at the later stages of the suit, though the Court of Appeal under Section 12, Clause (2) might itself take the question of Court-fees in the interests of the revenue and pass necessary orders for the protection of the revenue. We do not see sufficient ground to take up and consider that question in second appeal.

(2.) On the merits, we are not satisfied that any document has been misconstrued by the lower Courts and the facts have been found against appellants.

(3.) The second appeal is dismissed with costs.