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Court Fee

(Querist) 05 March 2009 This query is : Resolved 
Specific performance such - agreement for ten acre land out of it 5 acres sold to the nominee of the Agreement holder-no dispute for that part of five acres .The remaining part five acres performance is due and disputed by the Vendor .The Suit Value is the Value of the remaining 5-00 acres in the specif performance suit . Is it required to pay Court fee on the entire Sale agreement value of ten acres
r sugumaran (Expert) 05 March 2009
payment of 50 % of the value of the agreement is enough
anonymus (Expert) 05 March 2009
though the plaintiff can restrict his relief to the disputed five acres. he has to pay the court fee for the value "ON THE AMOUNT OF CONSIDERATION" and not on part of the consideration which is not discharged.see AIR 1937 MAD 831

BUT another decision in 1966 2 MLJ 38 says that court fee need not be paid on the entire value but only on the unperformed part of the contract.
PALNITKAR V.V. (Expert) 05 March 2009
Mr. Mehbub is right. But since the question relates only to 5 acres, court fee would be taxed on that only.
Y V Vishweshwar Rao (Querist) 07 March 2009
Thanks all the members for the responsne
B.B.R.Goud. (Expert) 07 March 2009
court fee only subjected to the relief, of which in this case is 5 acres.
I do agree with Mr. Anonymus.
Y V Vishweshwar Rao (Querist) 23 March 2009
Thanks to all the above members -

Now I got the Judgment of AP High Court on this Issue

The Judgment of AP High Court
citation ;- 1996 ( 1) A L T page 838
The Court Fee is to be paid on the part of the Value under the Agreement, for which decree is prayed for -- and not on the entire agreement Value
Y V Vishweshwar Rao (Querist) 14 July 2009
Thnaks to all the learned members !
Y V Vishweshwar Rao (Querist) 17 July 2009
Y V Vishweshwar Rao (Querist) 18 July 2009

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