Law:

Section:

Court Fees Act (VII of 1870)----- ----Enforced in Kalat State on 1-4-1955-Appeal filed after 1-4-1955-Court-fee payable in accordance with Act. (b) Court Fees Act (VII of 1870)------ ----S. 7 (v) (c)-No profits arising from land during year next before date of presenting plaint-Court-fee payable on value of land. The land in suit paid no land revenue to the Government it yielded profits from the year 1953-54 onwards; it did not yield any profits at all in 1952 and it had not been shown that any profits arose from the land " during the year next before the date of presenting the plaint ". On these facts, the court fee would, prima facie, be payable on the value of the land. In cases to which Court Fees Act was applicable before the filing of the suit itself, it cannot be contended that at the time of the presentation of the appeal the court fee should be recalculated with reference to the income of the property in the year preceding the filing of the appeal. The rule for assessing court fee in appeal has to be the same as that applicable to the plaint because the word "suit" in the third Chapter of the Act (sections 6 to 19) includes the proceedings in the trial as well as in the appellate Courts and no separate formulae for court fees have been prescribed for the plaints and the memoranda of appeals. The obvious intention of the seventh section of the Act is that in cases to which that section is applicable the basis for determination of the court fee pay­able on a memorandum of appeal should be the same as that for the determination of the court fee on the plaint. JUDGMENT The respondent filed a suit for possession of some land against the defendants-appellants which was decreed by the trial Court. The defendants having failed before the lower appellate Court have now come up to this Court in second appeal. A court fee of Rs. 1,040 was paid on the plaint. When this appeal was filed in this Court the memorandum of appeal bore a court fee of Rs. 15 only. The office, by notice dated the 19th May 1958, called upon the appellants to pay Rs. 1,025 more by way of court fee. The appellants paid no heed to this notice and filed an application on the 4th of November…

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