VISHWAMBHAR VITHALRAO PATIL Vs. MADHAVRAO PIRAJI PATIL

JUDGEMENT

(1.) THIS appeal is filed by the appellants against the dismissal of their suit. The appellants alleged that the property in suit is agricultural land and it is alleged by them that the land was mortgaged by defendant No. 2 as the Karta of his family, i. e. the gather of the plaintiffs, to defendant No. 1 for a sum of Rs. 1505 (Osmania Sikka ). They allege that the said mortgage is satisfied and that they are entitled to physical possession of the property. In the suit, therefore they claimed possession. Admittedly the value of the property is Rs. 20,000. The case of the 1st defendant is that the property was sold to him for Rs. 5000 on Amardad 10,1357 Fasli and that it was false that the property was mortgaged to him for Rs. 1505 (O. S)

(2.) IN the trial Court and in this Court the plaintiffs valued the claim for the purposes of court-fees at 121/2 times the assessment under Section 6, Clause (v of the Court-fees Act. Ultimately the suit came to be dismissed. The plaintiffs have filed the First appeal on the same valuation in this Court. As we thought that the court-fees paid were inadequate, we requested the Government Pleader to appear on behalf of the State so that the question may be considered.

(3.) THE two clauses that need be considered are Cls. (v) and (x) of S. 6 of the Court-fees Act. Clause (v) reads: