LACCHO Vs. KESHAVLAL

JUDGEMENT

(1.) THE defendants are aggrieved by an interlocutory order passed by the District Judge, Vidisha whereby he1 has held that the suit has been properly valued and adequate Court fee has been paid.

(2.) THE suit instituted by respondent Keshavlal in the Court of Civil Judge, class II, Basoda, is for declaration of title and possession. The trial Court held that as the market value of the suit land was more than Rs. 10,000, it has no jurisdiction to try the suit and consequently, directed the plaint to be returned to the plaintiff for presentation to the proper Court. The plaintiff appealed.

(3.) THE learned District Judge found that the land in suit is separately assessed to land revenue so that section 7 (v) (b) of the Court-fees Act applies to the suit for possession and the Court-fee payable on the plaint would be twenty timers of the land revenue. On that basis he held that the plaintiff paid requisite Court-fees. He further found that according to the M. P. Rules the civil Judge, Class I had jurisdiction to try the suit. The land revenue payable on the suit land is Rs. 12. The plaintiff, therefore valued the suit at Rs. 240 and paid Court-fee thereon. In the result the appeal was allowed, the suit was directed to be sent back to the trial Court for proceeding further with the trial according to law.