LAXMINARAYAN Vs. SHIVNARAYAN

JUDGEMENT

(1.) THIS revision under section 115 of the Civil Procedure Code is by the plaintiffs against the order, dated, 27 -10 -1964, passed by Shri R. C. Jain, First Civil Judge Class II, Indore, in civil suit No. 12 -A of 1963, directing the plaintiffs not only to specify the valuation of the plot of land, but also the valuation of the superstructure, which the petitioners do not claim as their own and which they want to be demolished, after which they seek possession of vacant plot of land. The defendant raised an objection about valuation with reference to Court -fees and jurisdiction.

(2.) THE learned judge of the trial Court ordered the plaintiffs to state the ad valo em valuation of the plot, as also the super -structure standing thereon, both for the purposes of Court -fees and jurisdiction relying on the observations of my brother, Sen, J. in Nilkanth Vs. Laxman 1965 JLJ -SN 52. Hence the present revision.

(3.) HOWEVER , the further question arises whether they are also required to pay court -fees on the market value of the superstructure. In this connection, I may observe that the plaintiffs claimed relief regarding vacant possession of the plot after demolition of the super -structure. They do not claim ownership in or possession of the superstructure.