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1978 Supreme(MP) 437
IN THE HIGH COURT OF MADHYA PRADESH
A.R. NAVKAR, J.
Kailash Narain - Appellant
Vs.
Mangilal – Respondent
Misc. A. No.1 of 1971 (G)
Decided on : 17-04-1978
Advocate Appeared:
For the Appellant : A.M. Naik, Adv.
For the Respondent: M.L. Gupta, Adv.
Headnote:(1) Accommodation Control Act, 1955 (M.P.)-S.5-rent deposited by tenant in the case-plaintiff is not required to pay Court fees while withdrawing the rent deposited-Accommodation Control Act, 1961 (M.P.)-S.13 (1).
(2) Court-fees Act, 1870-S.11-rent deposited by a tenant in the Court under Section 5 of the 1955 Act or section 13 of the 1961 Act - plaintiff while withdrawing the amount is not required to pay Court-fees
Act Referred
MADHYA PRADESH ACCOMMODATION CONTROL ACT : S.5, S.13(1), S.13
1. In a suit for eviction, a decree for arrears of rent and eviction was passed. The defendant paid the amount decreed and handed over possession. The plaintiff decree-holder sought to execute the decree for realising Rs.348.50. This amount was paid by the decree-holder as Court-fees for withdrawing the amount of rent deposited by the defendant during the pendency of the suit. The defendant judgment-debtor objected that the amount could not be recovered from him by the decree-holder as no Court-fees was payable on withdrawal of the amount deposited during the pendency of the suit. The execution Court upheld the objection, but the first appellate Court ordered the recovery of the amount from the judgment-debtors.
Held: When rent is deposited during the pendency of an eviction suit either under section 5 of the M.P. Accommodation Control Act, 1955 or under section 13 (1) of the M.P. Accommodation Control Act, 1961, if the amount is withdrawn by the plaintiff, there is no need to pay Court-fees. 1971 JLJ 130 relied on.
2. If the plaintiff is not to pay the Court-fees, then to make the defendant liable for the same will not be justified and, therefore, in this case, the plaintiffs-respondents are not entitled to recover the amount from the defendants-appellants.
Appeal allowed.
