The court fee payable on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration is a fixed fee of Rs. 10 under Article 17, Clause 12, Schedule IV of the Court Fees Act.

Headnote:
Court Fees - Registration Act - The court held that the court fee payable on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration is a fixed fee of Rs. 10 under Article 17, Clause 12, Schedule IV of the Court Fees Act.
Fact of the Case:

The court considered the preliminary objection and ruled that the court fee payable on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration is a fixed fee of Rs. 10 under Article 17, Clause 12, Schedule IV of the Court Fees Act.
Finding of the Court:

The court found that the fixed fee of Rs. 10 is applicable for the court fee on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration.
Issues: The issue was the determination of the court fee payable on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration.
Ratio Decidendi: The key legal principle established is that the court fee payable on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration is a fixed fee of Rs. 10 under Article 17, Clause 12, Schedule IV of the Court Fees Act.
Final Decision: The court decided that the fixed fee of Rs. 10 is the court fee payable on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration.

JUDGMENT

1. On the preliminary objection we agree with tin; ruling of the Calcutta High Courts Jantoo v. Raja Canto Dusn I.L.R. 8 C. 515 which does not appear to have been brought to the notice of the learned Judges who hoard Pydal Namhiar v. Kannun Nambiar 12 M.L.J. R. 87 in this Court, that Rs. 10 is the light fee.

2. The Court fee payable on a memorandum of appeal (also plaint) in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration is a fixed fee of Rs. 10 under Article 17, Clause 12, Schedule IV of the Court Fees Act.

3. [The remaining portion of the judgment is omitted as immaterial for the purposes of this report.]

Click Here to Read the rest of this document

1902 Supreme(Mad) 5

IN THE HIGH COURT OF MADRASSavarimuthu PillaiVersusAlagiam Pillai and Ors.Decided On : 10.01.1902

The court fee payable on a memorandum of appeal in a matter arising under Section 77 of the Registration Act 111 of 1877 to enforce registration is a fixed fee of Rs. 10 under Article 17, Clause 12, Schedule IV of the Court Fees Act.

IN THE HIGH COURT OF MADRAS
Savarimuthu Pillai
Versus
Alagiam Pillai and Ors.
Decided On : 10.01.1902