BHEEMANDA DEVAIAH Vs. KANJITHANDA KARUMBAIAH

JUDGEMENT

(1.) Market value of land in a suit falling in the class of land suits covered by sub-section (2) of Section 7 of the Karnataka Court Fees and Suits Valuation Act, 1958 (for short 'the Act'), determined by the Court of Civil Judge, Madikeri (for short 'the Trial Court'), applying the provision in clause (d) thereof, is questioned before me.

(2.) Land in item-1 of the plaint schedule to the suit in the Trial Court, is 3 acres in extent and forms a specified portion of a total extent of 3 acres 89 cents comprised in Survey No. 33/2 respecting which annual revenue payable to Government is Rs 33-72. The Trial Court determined the market value of that land applying clause (d) of sub-section (2), as stated earlier.

(3.) It was urged by Shri S. G. Bhagavan, Learned Counsel for the petitioner, that the Trial Court should have applied clause (b) of sub section (2) of Section 7 of the Act for determining the market value of the said land, instead of applying clause (b) thereof.