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ANDHRA PRADESH HIGH COURT
, J
Penmetcha Ananda Vijaya Venkatrama Timma Jagapathi Raju v. Gudumogula Tatayya
| Table of Content |
|---|
| 1. court-fee payment concerns regarding mesne profits without a decree. (Para 1 , 2 , 3) |
| 2. withdrawal of deposits for future mesne profits prior to decree. (Para 4 , 5 , 6) |
| 3. arguments regarding the obligations under the court fees act. (Para 7 , 8 , 9 , 10 , 11) |
| 4. interpretation of fiscal legislation and its implications. (Para 14 , 17 , 19 , 21) |
| 5. final ruling on the payment of court-fee. (Para 32) |
1. These C.R.Ps. raise a somewhat ticklish question whether the Court - fee is payable on amounts deposited towards future mesne profits and drawn out by the plaintiff under orders of Court, relating to which a decree for future profits has not been passed.
2. The relevant facts giving rise to this question are these: The suits O.S. 219 of 1946 and 354 of 1946 were filed in the Court of the District Munsif, Tanuku, for ejectment of the tenant; after due determination of their tenancy and for recovery of past rents and future profits. The suits were decreed for possession and for rents already accrued due and an enquiry was directed in respect of future mesne profits under O.20 R.12 CPC.
3. The defendants carried the matter in appeal and in further second appeal. It would a
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