MADHAORAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Bombay High Court (Nagpur Bench). The appellants had filed a suit for claiming proprietary rights in a property which was known as "Navegaon tank" and which consisted of several khasras with a total acreage of 3104 odd. These villages were Malguzari villages. By virtue of the provisions of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 the malguzars of this tank were deprived of their rights and the Government took over possession. The compensation was paid by the Government after holding enquiry provided by the Act. The appellants, however, claimed a declaration that they still continued to be owners as before and wanted a permanent injunction restraining the Government from interfering with their rights. Alternatively it was prayed that if the Government was found to be in possession then a decree for possession be granted in their favour.

(2.) The Court-fee which was paid by the appellants was calculated on the following basis. It was alleged that compensation of Rs. 1126/- only had been paid to the proprietors and therefore the tank had to be valued on the basis of that figure for the purpose of Court fee and jurisdiction. In addition owing to the injunction claimed an additional Court fee of Rs. 50/- was paid. On behalf of the State an objection was raised in the trial Court that the value of the tank would not be less than Rs. 10,00,000/- and Court fee on that amount should have been paid. The trial Court came to the conclusion that the suit was for possession of land and on the evidence which was produced it was held that the value of the land was Rs. 25,00,000. The appellants were directed to pay Court fee on that amount and make appropriate amendments in the plaint.

(3.) The appellants approached the High Court on the revisional side and challenged the decision of the trial Court on the question of Court fee. The High Court referred of Section 6 (i) (v) of the Bombay Court-fees Act, 1959, which was in force at the material time. This provision may be reproduced:-