UCHHAB GOUDA Vs. GANESH PANDA

JUDGEMENT

(1.) DEFENDANTS 1, 3 and 4 are the petitioners. The plaintiff-opposite-party instituted title Suit No. 128 of 1957 in the Court of the Munsif, Aska asking for the following reliefs-

(2.) THE learned District Judge came to the conclusion that Section 7 (iv) (c) and not section 7 (v) (c) of the Court Fees Act governs this case. Section 7 (iv) (c) and section 7 (v) (c) are as follows:

(3.) WITH reference to the reliefs claimed In this suit, even without the prayer for declaration of title the plaintiff can be granted the relief for recovery of possession if the plaintiff establishes necessary facts in support of the title. Section 7 (v) (c)applies to the facts of this case. Applying Section 7 (v) (c) the valuation can be determined at 15 times the net profits of the year preceding the date of filing of the plaint. In this case there are no materials at all as to the net profit of the preceding year. One must therefore fall back upon the market price of the lands. The view taken by the learned District Judge is contrary to law and he exercised his Jurisdiction illegally in reversing the finding of the learned Munsif that the value of the suit was at least Rs. 5000/- and was beyond the pecuniary jurisdiction of that Court.