LAXMINARAYAN Vs. SHIVANARAYAN

JUDGEMENT

(1.) THIS case comes before us on a reference made by Tare J. (or resolving the disharmony between Hiralal v. Nilkanth, Civil Revn. No. 14 of 1951 D/- 18-121951 decided by V. R. Sen J. (Nag) and Nilkanth v. Laxman, (Civil Revn. No. 399 of 1963 D/- 19-12-1963 by S. B. Sen J.) (MP ). The questions which Tare J. had formulated for our consideration are:

(2.) THE facts of the case, briefly stated, are these. The applicants filed a suit for vacant possession of S. No. 891 area 0. 27 acre after demolition of the structures standing thereon and also for a permanent injunction to restrain the non-applicant from interfering with their possession. They valued the relief of possession at twenty times the rent of S. No. 891 which came to Rs. 27 and the relief of permanent injunction at Rs. 200. Relying upon C. R. No. 399 of 1963 D/- 19-121963 (MP) (supra), the Court of first instance directed the applicants to value the relief of possession by including therein the value of the land as well as that of the structures standing thereon. Being aggrieved by that order, the applicants preferred a revision. Since V. R. Sen J. had held in the earlier case, C. R. No. 14 of 1951 D/-18-12-1951 (Nag) (supra), that in a case like the one here the value of the structure could not be taken into consideration for determining the court-fee payable, Tare J. has made this reference.

(3.) HAVING heard the counsel, we have formed the opinion that the view taken by v. R. Sen J. in C. R. No. 14 of 1951 D/-18-12-1951 (Nag) (supra) is correct. So far as the question of computation of court-fee is concerned, it is governed by paragraph (v) of Section 7 of the Court-fees Act, 1870. which read as under: