Abhilasha Aakansha Welfare Trust v. State of M. P.
1988-05-02
R.C.SHRIVASTAVA
body1988
DigiLaw.ai
JUDGMENT The case has been laid before the Bench today for deciding the question of court-fee. The office report is to the effect that the memorandum of appeal is deficitely stamped. The learned counsel refers to the decision of Division Bench in the case of Shivaji v. Deoji and others, 1973 JLJ 388 = AIR 1974 MP 123 in support of his contention that court-fee is not required on the claim for mesne profits becoming due or falling due from the date of the suit till the date of appeal. The appeal involves only the question of rate of interest on the amount of mesne profits decreed by the trial Court. The amount of mesne profits decreed by the trial Court has not been questioned. If, on the authority of the said decision of the Division Bench, court fee on future mesne profits falling due from the date of suit till the date of appeal is not payable, it follows that the question of payment of court fee on the amount of interest thereon is also not required. This disposes of M.M. No. 97/1987. The appeal be registered and listed for motion hearing.