LAWS(APH)-1965-3-6

REHMAN KHAN Vs. SARDARUDDIN KHAN

Decided On March 19, 1965
REHMAN KHAN Appellant
V/S
SARDARUDDIN KHAN Respondents

JUDGEMENT

(1.) The question that requires determination in this Civil Revision Petition is whether the court-fee paid by the respondent-petitioner herein is according to law.

(2.) A suit was instituted by Sardaruddin, the respondent herein, against the petitioner Rahman Khan wth the averment that he is the hereditary servant of a jagirdar, viz., Sultan Saif Nawaz Jung. The jagirdar has left considerable property in Hyderabad. The petitioner as hereditary servant of the jagirdar is managing and looking after the properties. The dispute is particularly in respect of one building known as " Saif Gulshan". The averment is that, a part of the building has been leased out by the plaintiff to certain persons for a period of five years. The defendant-petitioner claiming to be the General Power Attorney on behalf of the jagirdar is trying to interfere with the possession of the plaintiff denying his right to manage the properties and attempting to usurp the properties and the amount in deposit in the name of the jagirdar. The suit is, therefore, for perpetual injunction restraining the defendant from interfering with the plaintiff's possession and management of Saif Gulshan and from recovering any amount payable by the Government of Andhra Pradesh to the legal heir of the late jagirdar.

(3.) The defendant contested the suit and pleaded inter alia that the court-fee paid is insufficient as the property is worth lakhs and the valuation has been shown voluntarily at Rs. 300. The lower Court thereupon framed an issue as to the adequacy of the court-fee paid and on a consideration of the argument advanced on either side, came to the conclusion that the provisions of section 26 (c) of the Andhra Court-fees and Suits Valuation Act are applicable. In that view it held that the suit has been properly valued and court-fee paid is sufficient. It is against this order that a revision petition has been filed as it pertains to the jurisdiction of the Court to entertain the suit.