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1974 Supreme(AP) 88

P.RAMACHANDRA RAJU
Allam Venkateswara Reddy – Appellant
Versus
Golla Venkatanarayana – Respondent


RAMACHANDRA RAJU, J.

( 1 ) THE only point for consideration in this Civil Revision Petition is whether in a suit filed for cancellation of a document the court-fee shall be computed on the value for which the document sought to be cancelled was executed or the court-fee shall be computed on the present market value of the property covered by the document sought to be cancelled as on the date of the suit. The lower court in the first instance ordered payment of the court-fee on the basis of the value for which the documents were executed, viz. , a sum of Rupees 18,000/ -. Subsequently when another Subordinate Judge came to preside over the court, he took Dp the matter once again and came to the conclusion that for cancellation of the two sale deeds in question the court-fee should be computed on the basis of the present market value of the properties for which the sate deeds were executed. He accordingly directed the petitioner-plaintiff to pay the deficit court-fee. It is assailing that order this revision is filed.

( 2 ) ON a reading of Section 37 of the Andhra Court-fees and Suits Valuation Act 1956 I think the view taken by the learned Subordinate Judge in ordering the payment o


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