BABU SINGH Vs. NAGAR PANCHAYAT BANBHAURA

JUDGEMENT

(1.) This revision petition is directed against the judgment of trial Court dated 22nd April, 1974, whereby it held while deciding the preliminary issue regarding the adequacy or inadequacy of the Court fee that the plaintiff is liable to pay court fee on the market value of the land and not on the basis of the land revenue assessed in the year 1955-56.

(2.) In order to appreciate the decision of the trial Court, reference may be made to a few relevant facts. The trial Court, for holding that the Court fee payable is on the market value of the land, relied on the revenue entries in jamabandi for the year 1971-72, which show that the panchayat, which is defendant in the case, was not paying any rent to the Government regarding the land in dispute. In this very jamabandi, however, the land excepting 4 Biswas which is Ghair Mumkin, is recorded as chahi agricultural land.

(3.) Mr. J.V. Gupta, learned counsel for the petitioners has urged that it is the first part of clause (c) of Section 7(v) of the Court-fees Act, 1870 (hereinafter referred to as the 'Act') that is applicable and not the succeeding provisions of clause (c) and clause (d). In order to appreciate the contentions advanced, the relevant provisions of the Act be noticed. These are :-