GYANABAI Vs. PHULDAS

JUDGEMENT

(1.) A Single Bench of this Court by order, dated 16-4-1971, has referred the question of Court-fees to a larger Bench in view of the conflict of opinion in some cases which presently we propose to mention.

(2.) THIS is a revision under Section 115 of the Code of Civil Procedure, which is directed against an order, dated 24-11-1970, passed by the Civil Judge, Class II, balhar, in Civil Suit No. 21-A of 1968, holding that the question of court-fees is governed by Section 7 (v) (c) of the Court-fees Act and, therefore, the trial Judge required the petitioner-plaintiff to pay court fees on fifteen times the mesne profits. The petitioner filed a suit for possession of two fields, namely, khasra Nos. 104/1 and 112, measuring 7. 37 acres and 0. 53 acres respectively and assessed to land revenue of Rs. 3/- and 0. 50 paise respectively as annual land revenue. However, the petitioner claimed to pay court-fees under Section 7 (v) (b) of the court-fees Act on 20 times the assessed land revenue. That contention of the plaintiff was negatived by the trial Judge. Hence this revision by the plaintiff.

(3.) BEFORE considering the instant question, it may be relevant to reproduce the two provisions relating to payment of court-fees, Section 7 (v) (b) and Section 7 (v) (c)are as follows: