KHETRABASI PADHAN Vs. BATAKRISHNA PADHAN

JUDGEMENT

(1.) THE plaintiff filed T. S. No. 29 of 1965 in the court of the Munsif, Boudh, for granting relief of permanent injunction. Subsequently the plaint was amended with an alternative prayer for recovery of possession if the plaintiff was found to have been dispossessed during the pendency of the suit. The disputed property consists of 89. 83 acres. It constitutes a definite share of an estate consisting of 95. 10 acres. The plaintiff valued the, relief for recovery of possession at 10 times the annual revenue payable for the purpose of court-fees under Section 7 (v) (b) of the Court Fees Act. The learned Munsif held that Section 7 (v) (d) applied and that the plaintiff should value the suit at the market value of the land. The Civil revision has been filed against this order.

(2.) MR. Patnaik contends that Section 7 (v) (b) applies. Mr. Panda concedes the aforesaid contention and in my opinion rightly.

(3.) SECTION 7 (v) (b) of the Court Fees Act, as amended in Orissa, runs thus: