AIR 1964 MANIPUR 9

Manipur High Court

Hon'ble Judge(s): T. N. R. Tirumalpad , J

Court-fees Act (7 of 1870) , S.7(iv)(c)— Suit for declaration of title to and possession of property by reversioner - Suit governed by S.7(Iv)(c) - Computation of Court-fees. A suit for declaration of title to and possession of certain property by a reversioner is a @page-Mani10 suit for declaration with consequential relief and is governed by S. 7(iv)(c) of the Court-fees Act. This is because the plaintiff has first to get his title as a reveisioner declared before he can claim possession.(Para 8) In such a suit the plaintiff has to state in the plaint the amount at which he values the relief sought and the Court-fee payable is, according to Section 8 of the Suits Valuation Act, ad valorem on the amount at which the relief sought is valued in the plaint. The plaintiff is at liberty to give his valuation and the said valuation has ordinarily to be accepted by the Courts in computing the Court-fees payable in respect of the relief. The Court cannot insist that the plaintiff should value the relief at the market value of the subject-matter involved in the suit. AIR 1958 SC 245, Foll.; AIR Commentaries on Court-fees Act (Second Ed..) cited with approval.(Para 9 10 12) .....