BASANT KUMAR MATA NEHLIYA Vs. CHOWDHARY UJJAIR

JUDGEMENT

(1.) The instant appeal under section 6-A of the Court-Fees Act, 1870 (in short the Act) has been preferred against the order dated 20.5.2009 passed by the learned Civil Judge (Senior Division), Bahraich, in Regular Suit No. 157 of 2009.

(2.) Learned Civil Judge had allowed the application filed by the defendants directing the plaintiffs-appellant to pay ad valorem Court-fee keeping in view the value of the property in dispute. Suit was filed for declaration and injunction with consequential relief.

(3.) The plaintiffs-appellants claimed to be the owner of the property marked as ABCDEFGHIJKL in the site plan filed with plaint. It is pleaded by the plaintiffs that their ancestors have been owner of the land in question since 1935 obtained from the Zamindar. They have constructed boundary wall on the substantial portion of the property with iron fencing. Different gata Nos. constitute the property and right of ownership rests on written permission granted by the Zamindar in 1937-38 for the respective shares to 'the plaintiffs' ancestors. Certain portion of land was purchased through registered sale deed by plaintiffs' father Late Shri Kashi Ram on 28.5.1965 from the record as tenure holder. A factory of rice and dal mill was also established on a portion of land in question along with residential building and office of the mill. It is also pleaded that after independence right from 1952, the mill was registered with the industry department, Zila Parishad and Mandi Parishad renewed from time to time. Necessary correction was also made in the year 1969.