KERALA HIGH COURT
, J
Beepathumma and Others v. Shambhatta and Others
1The question raised in these seven Civil Revision Petitions is of the court fee payable on applications under S.9 sub-s.(3) of the Kerala Agriculturists Debt Relief Act, 1958 . The courts below have held the applications under sub-s.(3) to be a species of applications under sub-s.(1) of S.9 of the Act which are chargeable under sub-s.(4) of the section. Counsel for the applicants contend that sub-s.(3) of S.9 is independent of sub-s.(1), that the court fee payable on an application under sub-s.(3) is as provided in R.7(2) of the Kerala Agriculturists Debt Relief Rules, 1958, or in sub-s.(3) of S.11 of the Act. Notice of these Civil Revision Petitions has been given to the State and the Government Pleader is also heard on the matter.
2The relevant Sections of the Kerala Agriculturists Debt Relief Act 1958, as amended by Act II of 1961 (which will be referred to hereinafter as the Act) read thus:
S.9.(1)
"Notwithstanding anything in the Indian Evidence Act, 1872, or in any other law for the time being in force, any agriculturist may apply to the Court to reopen any subsisting transaction, whether reduced to writing or not, on the ground that it is really a transaction, of debt or th
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