MEKA SAMRAJYA LAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The subject matter of this appeal, it is not in dispute, is 41 acres of land in Pamulalanka village, Krishna District. In paragraph 12 of the plaint the subject matter of the suit is valued at Rs. 82,000/-. But in accordance with the concessional rate of Court fee prescribed for suits to set aside revenue attachments and sales. Court fee is payable and paid on 1/4th of the above said value of Rs. 82,000/- viz , on Rs. 20,500/-.

(2.) Under. Rules (1) and (2) of the Appellate side rules, as amended, the jurisdiction of a single Judge is determined on the basis of the value of the subject matter in dispute. In the Appeal it is not in dispute that the subject matter of the suit is an extent of 41 acres having a value of Rs. 82,000/-. For the purpose of Rules (1) and (2) the concessional rate of court fee payable under Section 38 is obviously not relevant.

(3.) Treating the value of the subject matter of the dispute, even as on date of suit at Rs. 82,000/- (and above Rs.50,000/-) I direct that the appeal be listed for hearing before a Division Bench on 22-10-1984 (Monday). In as much as the appeal is an old one of the year 1976 arising out of a suit filed on 17-8-1971 in respect of a revenue sale dt. 27-2-70, I direct that the appeal may be listed at the top of the list subject to part heard.