SHANTABAI BASWANTH RAO Vs. MANIK RAO PANDURANGA RAO

JUDGEMENT

(1.) The Petitioner was the 2nd defendant in Case No. 298/1 of 1966 on the file of the Principal Munsiff, Gulbarga. For the purpose of this revision petition, it is enough to refer to the two reliefs that the plaintiff has sought. One was for declaration and possession of the suit property valuing it at 25 times the land revenue; the second one was, for relief of declaration that the plaintiff has a preferential right to purchase the western portion of the suit land belonging to the 1st defendant and now sold to the 2nd defendant. The plaintiff and the 1st defendant are impleaded as respondents in this petition. In respect of the above relief of declaration the plaintiff valued it at Rs. 250/- under Section 24(d) of the Mysore Court-fees and Suits Valuation Act, 1958. The 2nd defendant questioned the correctness of the valuation and the court-fee paid by the plaintiff. On this, the trial court framed the 7th issue in the case which is as hereunder:

(2.) As the question in this case concerns the payment of court-fee, the State has been notified and is represented by Govt. Pleader. The Govt. Pleader supports the stand taken by the 2nd defendant and contends that the order of the lower court regarding the valuation and court-fee is not in accordance with law.

(3.) It is necessary to take note of some salient averments made in the plaint. The plaintiff and defendant 1 are real brothers governed by Mitakshara School of Hindu Law. They owned number of agricultural lands and one among them is the suit land bearing Survey No. 3/1. It is alleged that the family properties were partitioned under the partition deed dated 8th October 1964 and the suit land forming the western portion was allotted to the share of defendant 1. Defendant 1 of 2 is a purchaser from defendant 1 of some properties including the suit properties.