DALJIT SINGH Vs. PUNJAB SINGH

JUDGEMENT

(1.) THIS is a revision application by the defendant against the order of the Sub -Registrar Munsiff, Jammu, dated 20 -4 -1958 holding that the value for the purposes of court -fee and jurisdiction has been rightly fixed by the plaintiff.

(2.) THE plaintiff instituted a suit to enforce his right of prior purchase in respect of a sale of agricultural land described in the plaint and valued the same at Rs. 20 and Rs. 125 for purposes of court -fee and jurisdiction respectively on the basis of land revenue ratably payable thereon. The petitioners objection that the value of the suit should be fixed on the basis of the market value of the land was repelled by the lower court and the valuation put by the plaintiff was upheld. The learned counsel for the defendant applicant has argued that since the suit land forms part of an estate paying revenue to the State but is neither a definite share of such an estate nor is separately assessed, the value of the suit for the purposes of court -fee and jurisdiction should be determined on the market value.

(3.) SECTION 7(vi. of the Court -fees Act provides that in suits to enforce right of pre -emption the value of the land, house or garden shall be computed in accordance with paragraphv. of this section. Paragraph (v. of S. 7 of the Court -fees Act provides for valuation of a suit for possession of land, houses and gardens. This paragraph has several clauses but the relevant clauses for the purpose of this case areb. and (d..