SMT. MANDA VISHWANATH TANGADE Vs. SOU. VAISHALI SUNIL BARATE, MR. MAGAN KISAN TANGADE, MR. ANKUSH KISAN TANGADE AND MR. BALASAHEB KISAN TANGADE

JUDGEMENT

(1.) THE challenge in this Petition, is to the order dated 13.4.2010 passed by the trial Court in Regular Civil Suit No. 345 of 2009. By this order, the trial Court has directed the Plaintiff to correct the value of the Suit by valuing the Suit property at the current and correct market rate by referring to the Ready Reckoner. With the assistance of the learned Counsel appearing for the Petitioner, I have gone through the order impugned. The contention of the learned Counsel for the Petitioner is that the Suit is required to be valued under section 6(vii) read with Section 6(v) of the Bombay Court Fees Act as an agricultural land. There is no reference in the order impugned to the provisions under which the Court has categorised the Suit to be falling. There is no finding as to the question whether the land is agricultural and/or non -agricultural land. The question as to whether it is an agricultural land or non -agricultural is required to be decided after framing the issues. It is also the contention of the learned counsel for the Petitioner that the Petitioner is a lady and has filed a Suit for partition and separate possession. According to him the Petitioner is exempted from payment of Court fees. Hence, even if the Suit is required to be valued on the basis of the market value of the suit property, still the Petitioner is exempted from payment of Court fees.

(2.) ALL these aspects need to be considered by the trial Court. The order impugned does not disclose any such consideration. The same therefore, cannot be sustained and it needs to be set aside. In the result, writ Petition is allowed. The order dated 13.4.2010 passed below Exhibit 25 in Regular Civil Suit No. 345 of 2009 is hereby quashed and set aside. The Application at Exhibit 25 is dismissed. The trial Court is directed to frame appropriate issues regarding valuation of the Suit and payment of Court fees and then to decide it after providing the parties an opportunity of leading evidence in support of their contentions.