SMT. VIJOTI DEVI Vs. GULAB SINGH

JUDGEMENT

(1.) This revision petition is directed against an order of the trial Court directing the filing of an amended plaint setting out the correct valuation for the purposes of court fee and jurisdiction.

(2.) The Plaintiff brought a suit for a declaration that she was the owner in possession of a parcel of land and for an injunction restraining the Defendant from interfering with her possession. According to the plaint, possession of the land was given to the Plaintiff by one Nangu in the year 1966 and subsequently when Nangu acquired proprietary rights in the land it was sold by him to the Plaintiff in 1968. The Plaintiff says that the Defendant is disputing his title to the land and is also threatening to remove the fruit of the orchard standing on the land.

(3.) The learned Subordinate Judge has held that for the purposes of Sec. 7(iv) of the Himachal Pradesh Court -Fees Act, the value of the orchard along with that of the land will have to be taken into consideration for determining the court -fee payable. He has computed the total value at Rs. 78,760/ -. He has mentioned that this includes the sum of Rs. 1,035/ -. representing the market value of a small house standing on the land.