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1984 Supreme(Ker) 83

SUKUMARAN
SUBRAMANIAN NAMBOODIRI – Appellant
Versus
SANKARAN – Respondent


Judgment :-

1. A question relating to court fee payable on a revision petition filed before the High Court under S.103 of the Kerala Land Reforms Act, 1964 (hereinafter referred to as "the Act") comes up for consideration in these two cases.

2. The skeletal facts necessary for the consideration of the question are: An application under S.80 of the Act for purchase of a kudikidappu was allowed by the Land Tribunal. Respondents before the Land Tribunal took up the matter in appeal. The appeals were also unsuccessful. The revision is directed against the orders of the Land Tribunal and the Appellate Authority.

3. The memorandum of revision petition concluded with the statement:

"Valuation is below Rs. 1000/-. But no court fees is paid in view of S.116 of the Act read with R.127 of the Land Reforms (Tenancy) Rules".

4. The office of the High Court did not accept the correctness of the above statement of counsel. Attention of counsel was drawn to Art.11(p) of Schedule IT of the Kerala Court Fees and Suits Valuation Act, 1959. Court fee under that provision was directed to be paid. Even thereafter, the revision petitioner's counsel maintained that no court fee was payable. The matter was the
















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