Research › Browse › Judgment

Madhya Pradesh High Court · body

1975 DIGILAW 116 (MP)

Laccho v. Keshavlal

1975-09-18

SHIVDAYAL

body1975
ORDER Shivdayal, J.- 1. The defendants are aggrieved by an interlocutory order passed by the District Judge, Vidisha whereby he has held that the suit has been properly valued and adequate Court fee has been paid. 2. The suit instituted by respondent Keshavlal in the Court of Civil Judge Class II, Basoda, is for declaration of title and possession. The trial Court held that as the market value of the suit land was more than Rs.10.000, it has no jurisdiction to try the suit and consequently, directed the plaint to be returned to the plaintiff for presentation to the proper Court. The plaintiff appealed. 3. The learned District Judge found that the land in suit is separately assessed to land revenue so that section 7 (v) (b) of the Court-fees Act applies to the suit for possession and the Court-fee payable on the plaint would be twenty times of the land revenue. On that basis he held that the plaintiff paid requisite Court-fees. He further found that according to the M. P. Rules the Civil Judge Class I had jurisdiction to try the suit. The land revenue payable on the suit land is Rs. 12. The plaintiff, therefore valued the suit at Rs.240 and paid Court-fee thereon. In the result the appeal was allowed, the suit was directed to be sent back to the trial Court for proceeding further with the trial, according to law. 4. Learned counsel for the defendants contends before me that even if the value of the suit may be assessed at twenty times the land revenue for the purpose of Court-fee, the same cannot be accepted to be the valuation for the purposes of jurisdiction. The argument is that section 7 (v) (b) of the Court-fees Act is in regard to Court-fee which is twenty times of the land revenue separately assessed in respect of the suit land but there is no provision under which the value for the purpose of Court-fee is also the value for the purpose of jurisdiction. 5. Section 8 of the Suits Valuation Act, 1887 provides that the value as determinable for computation; but it excludes those suits which fall within the purview of section 7 (v), among others. Since the present suit falls within section 7 (v) of the Court-fees Act, section 8 of the Suits Valuation Act does not come into play. 6. 5. Section 8 of the Suits Valuation Act, 1887 provides that the value as determinable for computation; but it excludes those suits which fall within the purview of section 7 (v), among others. Since the present suit falls within section 7 (v) of the Court-fees Act, section 8 of the Suits Valuation Act does not come into play. 6. For determining the value of the land for purposes of jurisdiction in a suit which falls within the purview of section 7 (v) of the Court-fees Act, and certain other paragraphs the State Government has been empowered under section 3 of the Suits Valuation Act to make rules for determining the value of the land. In the new Madhya Pradesh State as constituted under the States Reorganization Act, 1956, no rules have been framed under section 3 of the Suits Valuation Act. Shri H.G. Mishra Learned counsel for the plaintiffs has referred to the M.P. Rules as to valuation of suits which were made in the former Mahakoshal Region of the Madhya Pradesh State (See Notification No.1041 dated September 28, 1911 as amended by memo No. 19 dated July 14, 1924 vide Notification No. 7777/303-V dated April 12, 1924). Rule 2 (a) (1) reads thus :- "2. In exercise of the powers conferred by section 3 of the Suits Valuation Act, (VII of 1887), the State Government has made the following rules for determining the value of land in the Madhya Pradesh and Berar for purposes of jurisdiction in the suits mentioned in paragraphs (v), (vi) and paragraph (x) clause (d) of section 7 of the Court-fees Act, 1870 (VII of 1870); (a) "XX XX XX" 1. In suits of the possession of land mentioned in paragraph (v) of section 7 of the Court-fees Act, 1870 (VII of 1870) the value of the land shall be deemed to be as follows :- (1) Where the land forms an entire estate or definite share of the estate paying annual revenue to Government of where the land forms part of such an estate and is recorded in the Collector register or separately assessed with such a revenue and such revenue is permanently settled twenty times the revenue so payable. (2) Where the land forms an entire estate or a definite share of an estate paying annual revenue to Government or where the land forms part of such estate and is recorded as aforesaid; and such revenue is settled but not permanently fifteen times the revenue so payable. (3) Where the land pays no such revenue or has partially exempted from such payment or is charged with any fixed payment in lieu of such payment and no profits have arisen from the land during the year next before the date of presenting the plaint fifteen times such net profits but where no such net profits have arisen there from the amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood. (4) Where the land forms part of an estate paying revenue to Government but is not a definite share of such estate and is not separately assessed as above mentioned the market value of the land." Clause (1) applies here. It will be found to be the same as section 7 (v) (b) of the Court-fees Act. In other words, according to the above rules of Mahakoshal Region, the valuation of the suit for purposes of jurisdiction under the Suits Valuation Act is also the same as the value for the purposes of Court fee in any suit which falls within section 7 (v) of the Court-fees Act. 7. Now the question is whether the said rules which were in force in the erstwhile Mahakoshal Region are applicable to the present suit which arises from that part of the Madhya Pradesh State which was once a part of the erstwhile Madhya Bharat (Part B) State. 8. Different enactments which were in force in the different regions comprising the new State of Madhya Pradesh were extended to the whole of Madhya Pradesh by Extension of Laws Act, 1958. Under section 3 of the that Act, the Acts specified in Part A of the schedule and as in force in the Mahakoshal Region immediately before the appointed day, were extended to all the regions of the State in the new Madhya Pradesh State. Acts specified in Part B of the schedule which were in force in the Madhya Bharat Region were likewise extended to all the regions of the Madhya Pradesh State. Acts specified in Part B of the schedule which were in force in the Madhya Bharat Region were likewise extended to all the regions of the Madhya Pradesh State. In Part A of the schedule at serial No.11 is the Suits Valuation Act as in force in the Mahakoshal Region immediately before the “appointed day" (January 1, 1959), per section 2 (a) and section 1 (2) read with Notification No. 41772-XXI-A dated December 31, 1958 published in the Madhya Pradesh Gazette (Extraordinary) dated January 1, 1959). 9. Sub-section 3 of the Extension of Laws Act provides that the Acts extended by sub-sections (1) and (2) of the section (section 3) in their application to the whole of Madhya Pradesh shall be amended in the manner and to the extent specified in the schedule. 10. While applying the Suits Valuation Act to the whole of Madhya Pradesh State, section I of the Suits, Valuation Act is to be read as follows :- "This Act may be called the Suits Valuation Act 1887 and it extends to the whole of India except the States which on 1st November 1956 were comprised in Part B State other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh." In other words the Suits Valuation Act has been extended to the Madhya Bharat Region, as well. 11. The Act having thus been extended, the rules framed under that Act will also be applicable to the Madhya Bharat Region by virtue of second proviso to section 6 (1) of the Extension of Laws Act. The relevant part of the section would read as follows: "6. 11. The Act having thus been extended, the rules framed under that Act will also be applicable to the Madhya Bharat Region by virtue of second proviso to section 6 (1) of the Extension of Laws Act. The relevant part of the section would read as follows: "6. Repeal and savings :-(1) If immediately before the appointed day there is in force in any region of the state any law corresponding to any of the Acts now extended to that region, that law shall, save as otherwise expressly provided in the Act, stand repealed: Provided that the repeal shall not effect – (a) the previous operation of any law so repealed or anything duly done or suffered thereunder; or (b) Any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or (c) Any penalty forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or (d) Any investigation legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be investigated continued or enforced and any such penalty forfeiture or punishment may be imposed as if this Act had not been passed : Provided further that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made notification, order, instruction or direction issued, rule regulation, form by law or scheme framed, certificate obtained, patent permit or licence granted or registration effected under any such law shall be deemed to have done or taken under the corresponding provision of the Act as now extended to that region and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act." 12. It is thus clear that according to the second proviso to section 6, the rules which were 'in force in the erstwhile Mahakoshal Region on December 31, 1958 continued to be in force and became applicable to those regions as well as to the Madhya Bharat region to which the Act was extended under the Extension of Laws Act. 13. It is thus clear that according to the second proviso to section 6, the rules which were 'in force in the erstwhile Mahakoshal Region on December 31, 1958 continued to be in force and became applicable to those regions as well as to the Madhya Bharat region to which the Act was extended under the Extension of Laws Act. 13. The result of the above discussion is that the Rules which were framed under section 3 of the Suits Valuation Act for the Mahakoshal region in the year 1924 and continued to be in force upto December 31, 1955 continued to be in force not only in that region but also became applicable to other regions of the new State of Madhya Pradesh from January 1959. 14. Applying those rules to the present suit the valuation of the suit for purposes of jurisdiction is the same as its value for the purposes of Court fees. 15. The revision is dismissed with costs. Counsel fee Rs. 40/-. Record be returned to the Trial Court within five days from today positively and punctually for proceeding with the suit according to law.