NAND LAL AND OTHERS Vs. TULSI AND OTHERS

JUDGEMENT

(1.) The trial Court in a suit for possession by pre-emption passed an order on 16th of October, 1984, directing the plaintiffs to pay the court-fee on the market value of a garden which is a part of the property sought to be pre-empted. This order has been challenged by the plaintiffs in the instant revision petition.

(2.) On hearing the learned counsel for the parties, I find that there is no merit in this revision. Clause (v) of section 7 of the Court-fees Act, as applicable to Haryana, deals with the court-fee payable in suits for possession of lands, houses and gardens and reads as under :-

(3.) The learned petitioners' counsel contended that the garden is admittedly situated outside the Abadi Deh, therefore, sub-clause (b) will not apply. There is no merit in this contention. So far as gardens and houses are concerned, sub-clause (b) alone will apply, whether they are within or outside the Abadi Deh. It is only the lands situated outside the municipal limits or Abadi Deh which are exempt from the provisions of sub-clause (b). Those lands are specifically covered by sub-clause (a) There is no mention of garden or house in this sub-clause. Plainly, therefore, the court-fee on a garden has to be paid under sub-clause (b) according to which the value of the property for purpose of court-fee is to be in accordance with its market value.