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2007 Supreme(AP) 696

GOPALA KRISHNA TAMADA
Mohd. Ikramuddin – Appellant
Versus
Sangram Bosle – Respondent


Advocates Appeared:For the Petitioner:P.V. Narayana Rao, Advocate. For the Respondents: Government Pleader for Arbitration.

Judgment :-

This Civil Revision Petition is directed against the order, dated 21.2.2007 passed in O.S.No.67 of 2006 on the file of the Junior Civil Judge, Metpalli, by which the plaintiff’s counsel was directed to pay the deficit Court Fees for declaration of registration sale deed No.491/2003 dated 22.4.2003 as null and void and not binding on the plaintiff as contemplated under Section 37 of Andhra Pradesh Court-Fees and Suits Valuation Act, 1956 (for brevity “Court Fees Act”).

The facts of the case in brief are that the petitioner-plaintiff filed O.S.No.67 of 2006 for declaration of title and recovery of possession of the plaint schedule property. As a transaction took place between the defendants wherein the 2nd defendant sold away the land in question to the 1st defendant, the petitioner consequently sought for a declaration that the registered sale deed document No.491/2003, dated 22.4.2003 is null and void. As it is a suit for declaration of title and recovery of possession the petitioner paid the Court fee under Section 24(d) of the Court Fees Act, however the trial Court took an objection about the payment of court fees and accordingly, a check slip was issued to the plaint









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