BASANT KUMAR Vs. VED PRAKASH

JUDGEMENT

(1.) CHALLENGE in this writ petition under Article 227 of the Constitution is made to an interlocutory order dated 7.11.2012 passed in MJC No.03/2012 and an order dated 15.09.2012 passed in Civil Suit No.110 - A/2008 by the First Civil Judge Class -II East Nimar, Khandwa allowing the application under Order 7 Rule 11 of CPC and directing the petitioner plaintiff to pay ad valorem court fee in accordance to section 7(vi -a) of the Court Fees Act, 1870.

(2.) IT is the case of the petitioner that as petitioner is seeking possession and mesne profit with regard to agricultural land from his brothers, sisters and mother ad valorem court fee is not payable instead court fee in accordance to section 7(v)(a) of the Court Fees Act is payable.

(3.) THE land in question is ancestral property of the petitioner's family. The petitioner and respondents No.1,2 and 3 are real brothers, respondents No.4 and 5 are their sisters and Smt. Anokhibai was originally impleaded as respondent No.6 was their mother and it is seen that she had expired on 13.1.2013. On the ground that the property is a family property and the petitioner is entitled to his share of the property in accordance to the law of succession, the suit was filed seeking separate possession and mesne profit in the aforesaid land. For the purpose of valuation the suit has been valued and court fees paid based on land revenue for the land and multiplied it by 20 i.e. court fees have been paid as per the provision of section 7(v)(a) of the Court fees Act.