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2001 DIGILAW 67 (KAR)

BABU RAO v. UNION OF INDIA

2001-01-17

T.N.VALLINAYAGAM

body2001
( 1 ) BY the court heard Mr. Mohd. Shafiuddin, learned counsel for the petitioner and Mr. Jeevan, learned counsel for the respondent. ( 2 ) THE crp is against the order directing payment of court-fee in respect of the appeal filed under the Provisions of the public premises (eviction of unauthorised occupants) act. 1971. The district judge before whom the appeal was filed against the order of eviction made by the estate officer, under the Provisions of the above Act, has held that the court-fee is payable on the value of the property. ( 3 ) IN the Provisions under schedule 2 of the Karnataka court-fee Act, the following provision is made : " (3) memorandum of appeal (from a decision award or order) inclusive of an order determining any question under Section 47 or Section 144 of the Code of Civil Procedure, 1908 and not otherwise provided for when prevented. (I) to any court other than the high court or any executive officer (four rupees) (II) the Karnataka revenue appellate tribunal (or the co-operative appellate tribunal) (eight rupees) (III) to the high court (fifteen rupees) (1) where an order was passed by a subordinate court or other authority- (a) if the order relates to a suit or proceeding, the value of which exceeds one thousand rupees. (fifteen rupees) (b) in any other case (eight rupees)3-A. The above appeal comes under the category of an appeal payable under Rs. 8/ -. The view of the court below is therefore, wrong and not sustainable. Consequently, the court-fee paid by the appellant in appeal is held to be correct and crp is allowed. --- *** --- .