DEVABHAKTUNI VENKATA SUBBAMMA Vs. CHADALAVADA RAMASESHAMMA AND OTHERS

JUDGEMENT

(1.) This matter comes on an office reference made in regard to valuation of an appeal for purposes of jurisdiction.

(2.) The appeal sought to be preferred in this Court is by the plaintiff against the judgement and decree of the Court of the Subordinate Judge, Tenali. The plaintiff claimed ? .. " share in the properties and having been unsuccessful in the trail Court preferred the appeal. He valued the appeal for purposes of Court-fee at Rs. 5,775 being 3/4 the market value of the ? .. " share belonging to the plaintiff in the suit property under section 34 of the Andhra Court-fees Act. The total value of the properties is stated to be Rs. 23,100 and the market value of the ? .. " share of the plaintiff come to Rs. 7,700. Under section 34 of the Andhra Court-Fees Act, 1956 (VII of 1956), the Computation of the value for Court-fees by the plaintiff should be taken taken to have been correctly made. But the question that arises is whether the value given for Court-fees which is 3/4 of the market value of the value for purposes of jurisdiction or is the entire market value of the share of the plaintiff that has to be counted for purposes of jurisdiction.

(3.) Before taking up the question of the value of purposes of jurisdiction, it may be necessary incidentally to refer to section 34 of the Andhra Court-fees Act which governs the suits for partition in so far as the Court-fee is concerned. Sub-section (1) of section 34, which is relevant, is as follows: