R. RUKMAJI RAO Vs. GOVERNMENT OF ANDHRA PRADESH AND OTHERS

JUDGEMENT

(1.) This revision petition gives rise to an important question relating to court-fees, whether court-fees is payable on the memorandum of compromise in a suit for declaration of title and for recovery of possession of immovable property, whereunder the defendant is entitled for payment of certain sums of money from the plaintiff.

(2.) The material facts may briefly be stated; In part performance of an agreement of sale dated June 18, 1959 executed by the second respondent in respect of Amar Talkies, Hyderabad owned by him for a sum of Rs. 1,75,000/- the petitioner and the third respondent, the vendees were put in possession of the talkies. The vendor had received various sums of money towards sale consideration from the petitioner. In the year 1954 the third respondent had relinquished his interest in favour of the petitioner. The petitioner was therefore in sole and exclusive possession and enjoyment of Amar Talkies. Hyderabad till disputes arose between the parties in the year 1958 regarding the possession of the talkies. No registerd sale deed was executed by the vendor. Disputes relating to possession of talkies arose between the vendor and vendees.

(3.) Sri M. V. Subbarao, for the petitioner contends that no court-fees is payable by his client on the document called memorandum of compromise. This claim of the petitioner is opposed by the Government Pleader contending inter alia that the compromise decree is an executable one and the defendant who had obtained the decree for money must pay the court-fees on that sum.