ABDUL REHMAN Vs. SAKINA BEGUM

JUDGEMENT

(1.) This petition of revision arises in a suit the brief facts on which are as under :- The plaintiff brought a suit for possession, declaration and injunction on the plea that she was in possession of 1 kanals 6 marla of land out of Khasra No. 141 and 1 kanal 4 marla out of Khasra No. 326 and half of the first floor of the house situate in village Naggar (Bhadarwah) as owner because her husband had given it to her in lieu of dower as evidenced by the document executed by her husband on 25th Poh, 2002 (Bikrami) and she remained in its possession ever since till she was dispossessed about 9 months prior to the institution of the suit. She accordingly prayed that her title to hold the property in lieu of dower be declared and defendant-petitioner restrained from changing the nature of the suit property with a consequential relief of possession. The suit was valued in terms of Sec. 7(iv)(c) of the Court-fees Act, which the defendant objected and one of the issues framed by the Trial Court is :

(2.) The Trial Court held that the suit has been properly valued in terms of Sec. 7 (iv) (c) of the Court-fees Act and the reasons advanced as spelt out in paras 18 and 19 of the order impugned which reads :

(3.) Thus, the only question for determination is : whether the suit as brought by the plaintiff is to be valued in terms of Sec. 7(iv) (c) as held by the Trial Court or Sec. 7 (v) of the Court-fees Act as contended by the defendant-petitioner.