Law: Bengal Tenancy Act (VIII of 1885)

Section: 26-F

Bengal Tenancy Act (VIII of 1885),   S. 26-F-Proceedings under S. 26-F not a suit but of a miscellaneous character-Amount claimed by way of compensation on account of improvements incurred by purchaser-Demand of ad valorem court fee by Court on such claim illegal-Order reviewable under O. XLVII, r. 1, Civil Procedure Code (V of 1908).     JUDGMENT   ASIR, J.----This Rule has been obtained against two orders dated 27-9-1962 and 29-10-1962 rejecting the application under Order XLVII, rule 1 of the Code of Civil Procedure in regard to an order for payment of ad valorem Court-fee on the amount of compensation claimed by way of improvement cost in a pre -emption proceeding under section 26 (f) of the Bengal Tenancy Act. The petitioner filed an objection against prayer for pre -emption at the instance of the opposite-party in regard to the sale held sometime in 1959. Pre-emption application was filed within three years by the opposite-party who claimed to be a non-notified co-sharer. The petitioner in his turn raised various objections including the one asking for compensation in regard to the improvement cost incurred since his purchase. The learned Munsif by his order dated 25-8-62 directed that the petitioner was to pay ad valorem Court-fee on the amount of Rs. 800 said to have been the improvement cost incurred since purchase. It appears that the petitioner was induced to agree to the payment of ad valorem Court-fee as directed. Later on the petitioner realised that such a demand was not permissible in law. He therefore, filed an application under Order XLVII, rule 1 of the Code of Civil Procedure for reviewing the order requiring payment of Court-fee. This review application was disposed of on 27-9-1962 on terms that unless the requisite Court-fees were paid on the amount claimed the written objection would be struck off. For failure to pay the Court-fee the written objection was actually struck off on 29-10-62. It is against these orders that the petitioner has obtained this Rule. In view of the peculiar nature of the matter in so far Court-fee has been demanded on the amount of improvement cost we required the learned Government Pleader to…