RAM SINGH Vs. SUKHRAM

JUDGEMENT

(1.) THIS is a revision petition directed against the order of the District Judge, Udhampur, dated 31 -7 -1970. The point that has been decided in this case by the two courts below is that the suit land is not separately assessed to land -revenue nor is it a definite share of an estate separately assessed to land -revenue, therefore the court fee payable should be on the market value of the land. This point comes up for consideration many times before the courts in the State.

(2.) THIS case came up before me. The correctness of a Division Bench authority reported as AIR 1960 J & K 23 was disputed and it was further argued that the rules framed under the Court -fees Act were invalid. Keeping in view the importance of the points raised, I referred the case to His Lordship the Chief Justice for constituting a Full Bench.

(3.) WE have heard the learned counsel for the parties.