Civil law

Swapnil (Querist) 06 April 2012 This query is : Resolved
hello sir,

my question is If a Civil suit is filed for immovabe property the cost of property while the suit was filed is Rs 1,50,000/- and after the suit is decided by court. if the defendant files an appeal in appellate court at that the cost of same property is Rs 3,50,000/- then what amount will be considered by court to pay stamp fee whether the previous amount or the other amount.
please kindly guide me.

Thanks & Regards
Swapnil

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V R SHROFF (Expert) 06 April 2012
As Appeal for 1.5L claim only, same will prevail. No need to pay any additional court fees.

Swapnil (Querist) 06 April 2012
thank you sir for guiding me.

Swapnil (Querist) 06 April 2012
hello sir,
In The above query the defendant sold that land for 3,50,000/- to other party for some other price .so while filing for appeal memo he has to pay court fee on 3,50,000/-Rs or on other price.

Advocate Bhartesh goyal (Expert) 06 April 2012
appellant has to pay court fee on Rs 150000/ as paid by plaintiff when he filed suit.

Y V Vishweshwar Rao (Expert) 06 April 2012
The appeal Value is the Suit Value- in suits in respect of the Immovable Property.

ajay sethi (Expert) 06 April 2012
agree with experts

Nadeem Qureshi (Expert) 06 April 2012
i also agree with experts

venkatesh Rao (Expert) 06 April 2012
The value of the subject matter of suit on the date of its filing will for all practical purposes be the value for appeal.

prabhakar singh (Expert) 07 April 2012
Irrespective of present value of suit property,the appeal shall be valued for same amount for which it was valued in suit and same court fees would be payable in appeal that was paid in suit.

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