JAGDISH PRASAD VERMA Vs. SHAHJI RAO

JUDGEMENT

(1.) This is an appeal by a Plaintiff under Order 43, Rule 1 (a)C. P. C. from the order dated 16 -7 -88 of the Additional Judge to the Court of the District Judge, Shivpuri, in C. S. No 1 -A/11 (old No. 4 -A/88) in the Court of The District Judge, Shivpuri, by which the plaint, containing a single valuation for three reliefs of declarations at Rs. 51,00/ - and a single valuation of the three reliefs of permanent injunctions at Rs. 200/ -was ordered to be returned under Order 7, Rule 10 C. P. C. for presentation in the Court of Civil Judge Class II, Shivpuri, with a finding that the correct valuation of the suit was the amount 20 times of the land revenue (Rs. 9.46P.) of S. No. 491 (old Nos. 435/4, 437/1 and 437/3) and S. No. 492 (old Nos. 458/1, 458/2 and 458/3) total area 37 bighas and 15 biswas situate at Fatehpur Shivpuri and recorded in bhumiswami rights in the Plaintiff's name.

(2.) WHERE the land forms an entire estate or a definite share of the estate paying annual revenue to Government or where the land forms part of such an estate and is recorded in the Collector's register or separately assessed with such revenue, and such revenue is permanently -twenty times the revenue so payable.

(3.) WHERE the land pays no such revenue or has been partially exempted from such payment or is charged with any fixed payment in lieu of such payment and net profits have arisen from the land during the year next before the date of presenting the plaint - fifteen times such net profits: but where no such net profits have arisen therefrom the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood.