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ANIL KSHETARPAL
Reeta Bashamboo – Appellant
Versus
Subhash Chander Kundra (D) through LRs – Respondent
JUDGMENT :
(Anil Kshetarpal, J.) :-
With the consent of the learned counsel representing the parties, two connected revision petitions shall stand disposed of by a common order.
2. The issue which arises for consideration is whether the ad valorem court fee is payable on the amount of mesne profit claimed for use and occupation of the premises during the pendency of the suit particularly when no arrears have been claimed with respect to the period prior to the suit?
3. The trial court has directed the plaintiff (petitioner) to pay ad valorem court fee on the amount of Rs.40,000/- per month as claimed in the suit as mesne profit from the date of filing of the suit till April, 2023. The correctness of such order is challenged in these revision petitions.
4. This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the paper book.
5. The learned counsel representing the petitioner submits that the amount of court fee with respect to the period during the pendency of the suit is not required to be paid on ad valorem basis. He submits that there is no provision in the Court Fee Act, 1870 (hereinafter referred to as ‘the 1870 Act’),
The main legal point established in the judgment is that the nature of the relief sought in a suit determines the applicable court fee, and if the suit is in fact for recovery of a specified amount o....
Court-fees cannot be levied without express statutory provisions even in cases with deposits for future mesne profits.
: Mesne profits in a suit for partition are part of the corpus available for division and need not be separately valued for court fee purposes.
Ad valorem court fee is payable on the amount claimed in a money suit, irrespective of the final determination by the Court.
The main legal point established is that the plaintiff's alternative relief for recovery of a fixed amount should be treated as a suit for money, and ad-valorem Court fees are required to be affixed ....
In suits for damages, the Court fee must be paid according to the amount claimed, as established by the Court Fees Act, 1870 and supported by precedent.
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