Basant Kumar v. Ved Prakash - 2014 Supreme(Online)(MP) 161

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Online)(MP) 161

MADHYA PRADESH HIGH COURT
Not Given, J
Basant Kumar v. Ved Prakash

Advocates:
For the Appellants/Petitioners: Shri Sameer Seth
For the Respondents: Shri Imtiaz Hussain

Table of Content
1. petitioner challenges interlocutory orders regarding court fees. (Para 1 , 4)
2. dispute involves ancestral agricultural land among family members. (Para 2 , 3)
3. arguments on application of court fees for possession versus partition. (Para 5 , 6)
4. court's examination of legislative intent regarding agricultural land fees. (Para 8 , 11)
5. final order quashing previous orders on court fees. (Para 12)

1. Challenge in this writ petition under Art.227 of the Constitution is made to an interlocutory order dated 7.11.2012 passed in MJC No. 03/2012 and an order dated 15.09.2012 passed in Civil Suit No. 110 - A / 2008 by the First Civil Judge Class - II East Nimar, Khandwa allowing the application under O.7 R.11 of CPC and directing the petitioner plaintiff to pay ad valorem court fee in accordance to S.7(vi - a) of the Court Fees Act, 1870 .

2. It is the case of the petitioner that as petitioner is seeking possession and mesne profit with regard to agricultural land from his brothers, sisters and mother ad valorem court fee is not payable instead court fee in accordance to S.7(v)(a) of the Court Fees Act is payable.

3. The land in question is ancestral property of the pet