GOPALA PADHANO Vs. GANESH PADHEY

JUDGEMENT

(1.) THE sole point for decision in this Civil Revision is whether the valuation of the suit property for the purpose of jurisdiction should be taken to be the same as the valuation fixed for the purpose of Court tee.

(2.) THE plaintiff, brought the suit for recovery of possession and mesne profits in respect of certain plots in the raiyatwari areas of Ganjam district, where each plot is separately assessed to land revenue. Though originally he asked for declaration of title and recovery of possession, subsequently, by an amendment of the plaint, he asked for mere recovery of possession. The question of adequacy of court fee was canvassed before the lower court in the earlier stages of the suit and that court, by its order, No. 7 dated 5th April 1958, held that the suit came under section 7 (v) (b) of the Court Fees Act, and that the valuation of the property for purposes of court fee should be taken to be ten times the revenue payable on the plots. To this sum he added the sums claimed as mesne profits namely Rs. 750/ -. plus Rs. 1280 (Rs. 2030) and directed court fee to be paid on the total sum so arrived at. This order was not challenged by way of revision before the Superior court and has become final.

(3.) SUBSEQUENTLY the defendant objected to the jurisdiction of the learned Munsif to proceed with the suit saying that the market value of the property was more than rs. 6000/- inasmuch as the plaintiff himself had purchased it on 14-5-56 for Rs. 6000/-, and as the said sum was above the pecuniary jurisdiction of the Munsif he had no jurisdiction to try the suit.