Ratan Singh vs Khem Karan

Tudball, J.—This is an appeal in a suit brought by the appellant for a declaration, u/s 95 of the Tenancy Act, that he has occupancy rights in a certain holding. The suit is purely a declaratory suit. The question is, what is the Court-fee payable on the appeal. Prima facie the suit falls clearly within Schedule II, Article 5, of the Court Fees Act, which lays down that on a plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy a Court fee of eight annas should be paid. The only difficulty in the case arises by reason of two previous Judges of this Court having in similar cases directed that a fee of Rs. 10 was ''payable. In neither of these decisions was Schedule II, Article 5, apparently considered. The suit is not one to which Article 17 (iii) Schedule II, of the Court Fees Act is applicable. As I have said above, it is purely a declaratory suit, and nothing more, in which the plaintiff seeks to establish that he has a right of occupancy. In my opinion the law is plain and the appeal is governed by Schedule II, Article 5, of the Court Fees Act and the Court-fee payable is eight annas according thereto. I so direct.