BHAJAN DASS Vs. RANBIR SINGH AND ANR.

JUDGEMENT

(1.) This petition in revision arises out of an order dated July 16, 1971, of the learned Sub -Judge, Rohru, whereby in a suit for possession of land he has directed the Plaintiffs Bhajan Dass and another to value the plaint for purposes of court -fee under Sec. 7(v)(e) of the Court Fees Act and to pay the court -fee stamp on the market value treating the orchard standing thereon as 'garden' within the meaning of that provision.

(2.) According to plaint, the dispute related to 7 bighas, 17 biswas revenue -paying land situate in Tika Chilala of Tehsil Rohru. It was slated that the Defendant Ranbir had taken forcible possession and that he may be dispossessed and possession be delivered to the Plaintiffs. The value for purposes of court -fee was fixed under Sec. 7(v)(a) of the Himachal Pradesh Court Fees Act, 1968, at 10 -times the revenue so payable for the land. In the written statement it was pleaded that 150 apple trees, 20 apricot trees and 10 walnut trees were already planted on the land and it was an orchard which could be treated as 'garden' within the meaning of Sec. 7(v)(e) and as such the court -fee was payable on market value. The learned Subordinate Judge accordingly held that the disputed land was a garden and as such the court -fee paid was deficient.

(3.) The present revision is directed against that order of the learned Subordinate Judge.