STATE OF GUJARAT Vs. PATEL DINESHKUMAR SOMABHAI

JUDGEMENT

(1.) The present respondents original plaintiffs filed the suit being Regular Civil Suit No.393 of 1990 for declaration that the suit property is a joint property of the plaintiffs as well as the defendant Nos.1 to 5 and the suit property is in joint possession of the plaintiffs and the defendant Nos.1 to 5. It is also prayed that the defendants have no right to sell, assigned and/or transfer the said suit property to any other person as it is a joint property. It is also prayed that no partition has taken place regarding the suit property and, therefore, as per the revised NA permission, the plaintiffs are entitled to carry out the construction. The plaintiffs have also prayed for permanent injunction restraining the defendants not to transfer, assign or sale the suit property to any other person.

(2.) During pendency of the suit, the Court Fees Reference was referred by the Court Fees Inspector which was numbered as Court Fees Reference No.91 of 1990. As per this Reference, it is prayed by the Court Fees Inspector that the plaintiffs have not paid the proper court fees and that court fees is payable on the amount of market value of the suit property. After hearing both the parties, learned Civil Judge (Junior Division), Mehsana by his order dated 8.12.1991 rejected the reference preferred by the Court Fees Inspector. The said order is challenged before this Court by way of this Revision Application.

(3.) Heard Mr.M.J.Shah, learned Assistant Government Pleader for the applicant State and learned advocate Mr.P.K.Soni for the respondents.