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Madhya Pradesh High Court · body

1977 DIGILAW 240 (MP)

Ganpat v. Surajbai

1977-07-26

S.R.VYAS

body1977
Short Note : 1. The suit was instituted for a declaration that the plaintiffs were in rightful possession and peaceful enjoyment to their respective shares and the defendants had no right, title or interest in the suit-lands and had no legal authority to disturb with their possession. It was held that the plaintiffs should have paid ad valorem Court-fees on the valuation made by them for the purposes of jurisdiction. 2. Held : It is clear that the plaintiffs' claim is that they are in possession of the suit lands and have sought a mere declaration of their rights. They have not claimed possession as according to them possession on the date of suit was already with them. Though for the purposes of jurisdiction, the suit has been valued at Rs. 6,300/- but for the purposes of Court-fees and declaration of title it has been valued at Rs. 300/- only. So far as the relief for declaration is concerned, the plaintiffs being in possession, only a fixed Court-fees was payable under Article 17 of Schedule II of Court-fees Act. For the relief of injunction, the suit was valued for Rs. 300/- and Court-fees Rs. 30/- was paid. This was, therefore, not a case for the purpose of Court-fees, the suit should have been valued under section 7 (4) (c) of the Court-fees Act. The valuation of the suit and the Court-fees paid therein is correct. Case remanded. Revision allowed.