V.G. Oak, J. - (1.) This reference under Section 5, Court Fees Act raises the question of constitutionality of U.P. Ordinance No. II of 1960.
(2.) Jagmander Dass and three others filed a suit against Tirlok Chand and two others for possession over certain property. That was suit No. 26 of 1958. For purposes of court fee, the suit was valued at Rs. 3,000. A sum of Rs. 332-15-0 was paid on the plaint as court fee. The suit was dismissed by the learned IInd Civil Judge, Meerut on 21-5-60.
(3.) On 6-10-1960, the plaintiffs presented an appeal to this Court against the Judgment and decree of the learned Civil Judge, Meerut. For purposes of court-fee, the value of the appeal is Rs. 3,000. The appellants paid Rs. 332.50 as court fee in appeal. The Taxing Officer has reported that, the court fee now payable is Rs. 417.50, and not Rs. 332.50. The Taxing Officer relied upon U.P. Ordinance No. II of 1960.;