ANDUGULAPATI NARASIMHA RAO Vs. ABBARAJU CHENCHAMMA

JUDGEMENT

(1.) This Civil Revision Petition is directed against the Judgment and Order of the Subordinate Judge's Court, Bapatla, in I.A. No. 1259 of 1959 in O.S. No. 21 of 1954 on the file of the said Court, directing the plaintiff to value the site, whose possession is asked for, at Rs. 300 per cent the value previously fixed by the Commissioner, on the basis of a house-site. The facts leading up to this revision may be briefly noticed.

(2.) The plaintiff-petitioners herein brought the aforesaid suit for possession of Ac. 6-68 cents of sen land, which has been given a full demarcation number 478/2 in the revenue accounts and which has been assessed to a revenue of Rs. 16-11-0 They valued the suit under section 7, clause (v) (b) and paid ten times the amount of revenue payable thereon, namely, Rs 166-14-0 They also valued the mesne profits due for the years 1951-52 and 1952-53, estimating the same at Rs. 1,670. per each year.

(3.) An objection was taken to the valuation by the plaintiffs on the ground that the suit land was not being cultivated, that it was gradually converted into house sites, and that the Court-fees ought to have been paid on the market value of the same, which, according to defendants, was worth Rs. 1,33,600, excluding the superstructures on the date of the suit, calculated at Rs. 200 per cent.