Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Friday, March 31, 2017 12:29:22 AM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

How much court fees shall have to pay in a suit for correction of record-of-rights before the 'Land Survey Tribunal'

By
19th-Nov-2016       Readers ( 293 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

Md. Mukhlesur Rahman :
Preamble:
Earlier, during 1967 to 1975, the ordinary Civil were empowered to make orders for correction of the SA 'record-of-rights' in a summary proceeding; i.e. s. 143A was inserted in the State Acquisition Act, 1950 by making an application therefore. In respect of payment of court-fees this sec. 143A(12) of SAT Act (now repealed) provided that" An application under sub-section (I) or memorandum of an appeal under sub-section (7) shall, notwithstanding anything contained in the Court Fees Act, 1870, bear a fixed Court fee of rupee one." Therefore, in under said provision of law a fixed court fees of one taka was fixed by the law.
Now, for correction the present record-of-rights, namely BRS/RS/BS/Dhaka Mohanagar record etc., the State has provided a special tribunal being named "the Land Survey Tribunal" u/s. 145A of the SAT Act. But neither this sec. 145A SAT Act nor any other section of the Act does provide any provision for valuation of suit or payment of court-fees in suits correction of the record-of rights n/s 145A(4) of the Act.
Therefore, when this special provision of law of sec. 145A SAT Act does not provide any provision for payment of court-fees, then we may assume that the general provisions of the Court-fees Act, J870 and the Suit Valuation Act, 1887 will apply in such suits.
Now we may see the concerned provisions of Suit Valuation Act and Court-fees Act.
Valuation of the suit:
However no where I find that how to ascertain valuation of suits for correction of the record-of rights in Suit Valuation or in the Court-fees Act. In this respect sec. 7(xii) of the Court-fees Act provides that in suits not expressly provided for in this section, the amount of fee payable under this Act in suits next hereinafter mentioned (i.e. Schedules I & II to the: Act) shall be computed according to the value claimed, but such value shall not be less than a value which would attract a (Court-fee of less than fifteen taka.
Court fees: So far our inquiry, we do not find anywhere of the Court-fees Act whether advalorem or fixed court fees shall have to be paid in a suit for correction of the record-of-rights. In this respect Article 12(viii) of Schedule II to the Act provides that upon plaint in suits every other suit where it is not possible to estimate at a money value the subject-matter in dispute and which is not otherwise provided for by this Act fixed court fees of Taka 300 shall have to be paid.
A controversy upon payment of court fees in Land Tribunal Suits and our study in this respect:
Now a controversy has been arisen on the point that in a suit for correction of the record-of rights whether sub-article (ii) or sub-article (viii) of Art. 12 of Schedule II to the Court Fees Act shall apply.
For answering to this controversy we may first mention the concerned provisions:
Article 12: Plaint or memorandum of appeal in each of the following suits-
 (ii)     to alter or cancel any entry in a register or the names of proprietors of revenue paying estate; Taka 1000 shall have to be paid.
 (viii)     every other suit where it is not possible to estimate at a money value the subject-matter in dispute and which is not otherwise provided for by this Act; Taka 100 shall have to be paid.
Under such position of laws as prevailing, someone are of views that in suits for correction of record-of-rights before the Land Survey Tribunal sub-art. (ii) of Art. 12 of Sch II of the CF Act shall apply and therefore, for such suits court fees shall be Tk. 1,000.
But we have to first find out that what type of suit was meant in this art. 12(i i).
This article 12(ii) speaks that in a suit to alter or cancel any entry in a register or the names of properties of revenue paying estates. Sec 3(4) of the Bengal Tenancy Act gave definition of the term 'estate' speaking that "'Estate' means land including under one entry in any of the general registers of revenue-paying land and revenue free lands, prepared and maintained under the law for the time being in force by the Collector of the district, and includes government khas mahals and revenue free lands not entered in any register". Sec. 2(11) of the SAT Act has provided the same definition of the word "estate".
From these definitions as well as from various provisions of the BT Act and the SAT Act, as this term 'estate' was/has been used, we construe that 'estate' connotes zamindary-estate and during the period of zamindary system the Government wourd, under the BT Act, settle lands to the zamindars through its Collectors dividing the lands into various "estates" and the zamindars would settle the lands to the raiyats from their "estates".
We, may also refer to sec 104H BT of the then BT Act; which provided provisions for instituting suits in the civil courts by any person aggrieved by an entry of a rent settled in a Settlement Rent-roll prepared u/ss. I04A to I04F and incorporated in a record-of rights finally published u/s. 103A, or by all omission to settle a rent for entry in such Settlement
Rent-roll and if it appeared to the Court that the entry of rent settled is incorrect, it could declare that no rent is payable and/or also could settle a fair rent.
We have also to mention that' sec. 3(11) of the BT Act provided definition of the word proprietor speaking that "Proprietor" means a person owning an estate or a part of an estate. Therefore, proprietor meant the then owners of the estates or in other words the zaminders.
From a combined reading of the provisions of all these statues, i.e. secs.2(11) & 104H of the BT Act as well as sub-article (ii) of  Art. 12 of Schedule II to the Court Fees Act it is clearly construed that art. 12(ii) of CF Act meant two types of suits, i.e. either (i) for alternation or cancellation of any' entry of settlement rents settled u/ss. 104A to' I 04F of the BT Act or (ii) for alternation or cancellation of the names of owners of the estates.
Now, it is pertinent to mention that thereafter the SAT Act was enacted in 1950 for the purpose of abolishing of zamindary system. Sec. 3 of SAT Act empowered the Government to acquire rent-receiving interest of the upper tenants. Which came into force in 14th April, 1956 and thereby all. interests of rent-receivers were acquired by the Government- at that time. Then the Government made a survey and settlement of lands under section 17 of SAT Act for the raiyats who would pay rents to the then rent-receivers which was finally published in 1962-63 and thereby the then raiyats of zamindary period were upgrading into maliks (owners) of the recorded lands u/s. 82(8) of the Act.
It is also mentionable that the first phase of the SAT Act, i.e. secs. 3-78 of SAT Act provide provisions for acquisition of rent receiving interests, ascertainment of compensation assessment rolls of the rent-receivers as well as payment of compensation to them for such acquisition. In this first portion of the Act, it has used the term "estate" in several times.
From our study, we find it unambiguous and crystal clear that in everywhere this word 'estate' has been used to denote on by the zamindary estate. We also see that in the second phase' of the Act, i.e. secs. 79-152, which exclusively deals with the class, status, right and inabilities of the tenants (maliks), it does not utter this very term "estate" even in a single place. Therefore, when the existence of "estate's" had been abolished under first phase, i.e. u/ss. 3-78, of the SAT Act, and now only the second phase, i.e. ss. 79-152, of SAT Act are being dealt with, then application of art. 12(ii) of Sch II of CF Act is absurd.
However. it is interesting to mention that though all the interests of the rent-receivers were acquired u/s. 3 of SAT Act during 1962-63 and thereby the Bengal Tenancy Act itself was repealed u/s 80 of SAT Act and accordingly any suit u/s. 104H of said BT Act had become obsolete at that time, but the legislatures not only did no omit the provision of sub-art. (ii) of Art. 12 of Schedule 2 to CF Act but also have been increasing the amount of taka for such type of suits for alteration/ cancellation of entry of settlement of rents or name of owners In the zamindary estates. Whatever may be, under the situation of the BT Act having been repealed, sub-art. (ii) of Art. 12 of Schedule 2 to CF Act has become infructuous now. Whatever, the legislature might miss doing so absentmindedly, but we cannot say that this sub-article will be applicable in suits for correction of the record-of-rights, which has no nexus with the settlement of rents to zamindary estates or ownership of estates. We may make analogy that at enactment of the Family Courts Ordinance, 1985 all types of suits for dissolution of marriage or restitution of conjugal rights are within the ambit of exclusive jurisdiction of the family courts and civil courts have no such jurisdiction and even though the legislates have been increasing the amount of taka for such suits for dissolution of marriage or restitution of conjugal rights in art, 12(vii) of Sch 11 of the CF Act inattentively.
Our view: Under such study of concerned laws, we may come to an opinion that in respect of the  suits for correction of the record of rights before the Land Survey Tribunal a fixed court fee under Article 12 (viii) of Schedule II to the Court Fees Act, now Tk 300 may be paid.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

Europe faces uncertainty as Theresa May triggers Brexit


BRITAIN triggered Brexit process to leave the European Union (EU) as Prime Minister Theresa May on Wednesday sent the letter to EU leadership in Brussels to start negotiation leaving the country sharply divided and the future of EU largely uncertain. Most Britons fear that the split will isolate them from ...

Sports »

The winners of the ARK Group 35th National Weightlifting (Men`s) Championship with the officials of different federations pose for a photo session at the gymnasium of National Sports Council on Thursday.


Cricket »

Shahid Afridi (left) and Younis Khan unveiled the ICC Champions Trophy in Karachi on Thursday.


City »

Canadian Parliament Member Nathaniel Eroskin called on BNP Chairperson Begum Khaleda Zia at the latter's Gulshan office in the city on Thursday.


Entertainment »

Chumki under Mir Sabbir`s direction


Sheikh Arif Bulbon :Mir Sabbir and Chumki is real life’s husband-wife. They worked together as a pair on the screen in several number of works. But Chumki cannot give time to acting due to maintaining her family and two sons. So she is not regular in acting. She did not ...

International »

Japan ruling party urges strike ability amid N Korea threat


AP, Tokyo :Japan's ruling party urged the government Thursday to consider arming the country with more advanced and offensive capability, such as striking enemy targets with cruise missiles, further loosening the self-defense-only military posture Japan has had since the end of World War II.The Liberal Democratic Party's council on defense ...

Weekend Plus »

Tips for your healthy skin


Weekend Plus Desk :Don’t have time for intensive skin care? You can still pamper yourself by acing the basics. Good skin care and healthy lifestyle choices can help delay the natural aging process and prevent various skin problems. Get started with these five no-nonsense tips.Protect from the sunOne of the ...

Weekend Plus »

Beat the heat with these 3 refreshing drinks


Weekend Plus Desk :As the temperature rises, hot tea and coffee are more an option. While Lassi and Buttermilk are a perfect option for your everyday needs, cocktails and mocktails are essential for the evening parties. Gone are the days when Cosmopolitan, Bloody Mary or Daiquiri were the only good ...

Editorial »

Blaming loan defaulters is not enough, reasons must be examined


IT is reported that the big loan defaulters have not paid the huge debt to the banks despite their rescheduling by Bangladesh Bank in 2015. Now instead of paying their old debts, many businesspersons are moving around banks for a fresh loan. The Central Bank allowed rescheduling of loans of ...

Football »

Minus-Messi, Argentina lose another World Cup qualifier


AP, Sao Paulo :Hours after Lionel Messi was suspended by FIFA for four World Cup qualifying matches, Argentina lost 2-0 to Bolivia in the altitude of La Paz on Tuesday and heightened its risk of missing a spot at Russia 2018.Argentina dropped from third to fifth place, remaining on 22 ...

City »

Air Officer Commanding of Bangladesh Air Force Base Bir Sreshto Matiur Rahman Air Commodore Sheikh Abdul Hannan awarding


Entertainment »

Emma Roberts knows how to step away from spotlight


Emma Roberts has lived most of her life in the spotlight and the actress says that now she has learned a lot about how to handle it. The 26-year-old actress talked about how she has become proficient in maintaining a certain level of privacy when it comes to more personal ...

International »

Scottish Parliament votes for new independence referendum


Reuters, Edinburgh :The Scottish parliament on Tuesday backed First Minister Nicola Sturgeon's bid for a new independence referendum, further complicating Britain's political situation just as years of talks on the terms of Brexit were about to begin.The United Kingdom's vote last year to exit the European Union has strained ties ...

Editorial »

India must not feel too confident about defence pact


THE proposed defence pact with India to be signed early next month on New Delhi's pressure is creating growing public misgivings and many believe that the government should make the deal public to remove people's concern. Media reports said discussants at a round-table including academics, former diplomats and defence experts ...

Cricket »

Taskin hits hat-trick : Lanka make 311


Sports Reporter :Sri Lanka made a fighting total of 311 off 49.5 overs in their first innings against Bangladesh in the second One Day International (ODI) match at Rangiri Dambulla International Stadium in Dambulla, Sri Lanka on Tuesday.Sri Lanka could add at least 15 to 20 runs in their total ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news