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Madhya Pradesh High Court · body

1977 DIGILAW 384 (MP)

Daulat v. Gulabrani

1977-09-28

J.P.BAJPAI

body1977
Short Note : 1. The applicant plaintiffs sought to challenge the order made by the trial Court directing them to pay ad valorem Court-fees on the market value of the agricultural land on the ground that the suit land was not separately assessed to land revenue. Held: On going through the one line order made by the trial Court and on perusal of material on record, this Court is of the opinion that the order made by the trial Court cannot be sustained. The trial Court made the aforesaid order without applying its mind and the material on record. Plaintiffs claim partition and possession to the extent of their half share in the suit holding. They had also prayed that the area actually cultivated by the parties under mutual agreement may, as far as possible, be allotted to them respectively while dividing the holding into two equal parts From the pleadings of the parties as contained in the plaint and the written statement, it is undisputed that the suit holding is separately assessed to law revenue for Rs. 66/-. Revision allowed.