GAFUR KHAN Vs. BIDYACHAR MOHARANA

JUDGEMENT

(1.) In this Civil Revision, the plaintiff challenges the exercise of jurisdiction of the Court calling upon him to pay court-fee under S.7(iv)(c) of the Court-fee's Act.

(2.) Plaintiff claiming to be the legal representative of the mortgagor filed the suit for redemption; for directing the defendants to hand over the possession of the properties alleging them to be the successors of the mortgagee; and in case of their failure to deliver possession, to get recovery of possession from the defendants.

(3.) It is not disputed by Mr. Rahim, the learned counsel for the petitioner, that the suit of the plaintiff being based on a possessory mortgage, S.17 of the Orissa Money-Lenders Act, 1939 (in short 'the Act') is applicable to this case. S.17 of the Act, as substituted in the year 1975, reads as follows :