PREM KISHORI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The civil revision petition has been filed by the plaintiff against an order dated 5-4-1980 passed by the Subordinate Judge, Katihar.

(2.) The plaintiff filed a suit for a declaration that the plaintiff is the kaiyami raiyat of the suit land. The plaintiff also prayed to pass an order of permanent injunction restraining the State of Bihar from interfering with the khas possession of the plaintiff over the suit land. The plaintiff valued the suit at Rs. 5,350/-, as stated in paragraph No. 17 of the plaint, for the purpose of jurisdiction and court-fees. The defendant raised objection to the valuation. The court below held by the order dated 5-4-1980 that the valuation of the suit amounted to Rs. 2,40,000/-.

(3.) It is conceded by the learned counsel for the State that the suit will come within the purview of Section 7 (iv) (c) of the Court-fees Act. It is relevant to quote Section 7 (iv) (c), which is as follows:--