FAUJA SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated July 25, 1985, whereby the issue in regard to Court-fee has been treated and decided as preliminary and the plaintiff has been directed to pay ad valorem Court-fee on Rs. 31,500/-, that being the value of the suit property.

(2.) The plaintiff-petitioner filed the suit for separate possession of one kanal of abadi land forming 20/90th share out of 4 kanals 10 marlas of abadi land. In the written statement, an objection was taken that the suit was not properly valued for the purposes of Court-fee and jurisdiction. According to the trial Court, for the purposes of valuation of the suit, the value of the whole property will be taken into consideration. Therefore, the plaintiff was directed to pay ad valorem Court-fee on the value of the whole amount which was found to be Rs. 31,500/-.

(3.) The learned counsel for the petitioner contended that the suit was governed by Schedule II article 17(vi) of the Court fees Act and not article 7(v)(d), as found by the trial Court. In support of the contention, the learned counsel relied upon Hari Nath Mittal v. Satish Kumar, 1985 87 PunLR 707and Krishan Kumar v. Smt. Parmeshwari Devi, 1967 AIR(P&H) 389