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Refund of money deposited for Pre-emption case in court.


06-Nov-2023 (In Property Law)
Sir/ Madam, I sold a part of a plot of land to Smt.  who is not a co-sharer of the land on 05.05.2019, But , my elder brother, a co-sharer of the plot of land deposited Rs. 98420.00 + Rs. 1850.00 = Rs. 20270.00 on 02.7.2009 in the Court of Civil Judge( Junior Division), 3rd Court, Krishnanagar, Nadia and particular of the recipient as mentioned is A.D.S.R., Chapra, Nadia, West Bengal. After two hearings , applicant my elder brother withdrew the petition for preemption as local muscle men/ influential created pressure on my elder brother. Is my elder brother entitled to get back the money deposited after such a long period ? What is the procedure to be followed ? please advise.
Answers (2)

Answer #1
847 votes
Dear client,
As per the details given by you I would like to say ,that the law says that any amount court fees paid in a suit and if the suit is dismissed or settled out of court before the evidence is taken in the suit then the court orders to refund half of the fees paid in the suit and the court grants a certificate to the petitioner to take the refund of court fees money from the collector

Answer #2
876 votes
Sir,
No.
Your brother had deposited such monies in form of court fees. C.F. are like stamp papers. That cannot be refund.
As and when your brother had withdrew the case the the court fees that he had paid for the case is forfeited.

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