M.O. JUGARAJ AND OTHERS Vs. MESSRS CARBORANDUM UNIVERSAL LTD., REPRESENTED BY THEIR MANAGING DIRECTOR, M.V. ARUNACHALAM AND ANOTHER

JUDGEMENT

(1.) The defendants are the petitioners in this civil revision petition. The plaintiff instituted a suit for possession asking for the vacant land in the possession of the defendants and for other incidental reliefs. The plaintiff respondent is said to have purchased the land from the trustees of the Rao Bahadur Calavala Cunnan Chetti's charities. An extent of 21 acres 58 cents was so purchased by the plaintiff. It secured, however, possession of 18 acres 88 cents only, but as regards the rest of the two acres 65 cents which is the subject matter of this suit, the vendors (trustees) were unable to deliver possession thereof as it is reported that the defendants -petitioners encroached upon the same and were in possession thereof. In order to adjust equities at a later stage, it was agreed between the trustees and the plaintiff -respondent, that the respondent should retain in the value of the above two acres 65 cents of land in the occupation of the petitioners until it secures vacant possession thereof by suitable proceedings initiated therefore. Pursuant to this covenant, the respondent instituted this action for possession of the two acres 65 cents from the petitioners. Inter alia, the petitioners raised the contention that the suit has been undervalued, or, in any event, not properly valued and if valued, the suit would be outside the jurisdiction of the District Munsif, Poonamallee. This pleading was necessitated because she plaintiff valued the suit as a ryotwari land by virtue of the patta secured by it from the Government in respect of the same and has evaluated the land under S. 7(2)(a) of the Madras Court fees and Suits Valuation Act 1955, ignoring the value of the land as reserved in its hand is accordance with one of the covenants in the deed of sale executed by the trustees in favour of the plaintiff. The learned District Munsif, after hearing oral evidence in the case and in particular, the village munsif of the locality, found that the plaintiff has properly evaluated the suit. As against this order the present civil revision petition is filed. Notice has been given to the Government Pleader as in this civil revision petition the question involved is whether the plaintiff has paid the correct court fee or not.

(2.) Mr. G.K. Damodar Rao, learned counsel for the petitioners, urges that inasmuch as a sum of Rs. 17225 has been reserved by the plaintiff as representing the value of the suit land, the plaintiff cannot for the purpose of instituting the action take advantage of the beneficial provision under the Madras Court fees and Suits Valuation Act, 1955, and evaluate the suit as provided therefore. In fact, he puts it on the ground that the plaintiff is estopped from valuing the suit in any other manner and is bound to adopt the value of Rs. 17225 as the value of the suit land. He invited my attention to S. 7(2)(g) of the Act and contends that in any event, the respondent being an established factory involved in the manufacture of goods, it cannot be pretended by the respondent that the land in question is likely to be used hereafter as ryotwari land. His contention is that it is either a house site or a factory site. If it is a house site it has to be valued squarely under S. 7(2)(g) of the Madras Court Fees and Suits Valuation Act. If it is a factory site it has to be valued under the residuary Sec. 40 of the said Act. Learned counsel for the respondent, on the other hand, would say that on the date when the suit was instituted he was fortified with the pattas issued by the revenue department of the State which characterises this land as ryotwari land. Exs. A -2 and A -3 filed in the lower court and produced before me do of course corroborate this contention. He would add that as there is a patta which enable him to describe the land as ryotwari land, he is bound and indeed obliged to file the suit for possession treating the land in question as ryotwari land and take advantage of S. 7(2)(a) of the Act.

(3.) The lower court appears to be right in having accepted the contention of the plaintiff that the suit has properly been evaluated. In a case of this kind, wherein the property has been characterised in the revenue records as ryotwari land, it would be difficult for a court of law to conjecture upon the nature of such land by taking Into consideration the probabilities of its user in the future or its potentialities. In fact, Mr. Damodara Rao would say that it is highly improbable that the land in question would ever remain as ryotwari land in view of the fact that it is situated in the midst of factories and particularly it is an annexure to the vast factory already worked by the respondent. It might be so, but, in my view, it would be difficult to take into consideration such potential use or probability while adjudging the issue whether the plaintiff has properly evaluated the suit and land for the purpose of instituting an action for possession. There is a specific provision under the Madras Court fees and Suits Valuation Act enabling the plaintiff to evaluate the suit ryotwari land at 30 times the survey assessment of the land. This the plaintiff has done. The accepted form of law is that the special excludes the general. Even the opening parenthesis of S. 7(1) 'save as otherwise provided' provides a key to the interpretation of the section. In the instant case, such a provision has been made under S. 7(2)(a). I am, therefore, unable to accept the contention of the learned counsel for the petitioners that the other clauses, viz, S. 7(2)(g) of the Act can be pressed into service for the purpose of ascertainment of the court fee payable by the plaintiff. A similar contention raised was repelled in Alagappa Chetti v/s. Swaminatha Chetti : A.I.R. 1933 Mad. 367. The learned Judge in that case would state that in a suit for ejectment and to recover possession of a ryotwari land held on patta, it was not open to the court to value property on the hypothetical assumption or the probable user of the land in future. While respectfully agreeing with this ratio, I accept that the lower court was right in having found that the suit has been properly valued. The learned Additional Government Pleader appearing for the Government would not take the matter any further as he rightly concedes that the patta has been issued and it is subsisting in favour of the plaintiff, and that would govern the issue. The civil revision petition is therefore dismissed. But there will be no order as to costs.