AIR 1969 ORISSA 262 ::35 CutLT 476 ::ILR (1969) Cut 875

Orissa High Court

Hon'ble Judge(s): G. K. Misra , J

Court-fees Act (7 of 1870) , S.7(v)(b), S.7(v)(d)— (Orissa) - Court- fees and Suits Valuations-Applicability - Disputed land constituting definite share of estate - Valuation for purposes of court-fee and jurisdiction, stated. Where the disputed land in a suit for recovery of possession, constitutes a definite share of an estate, S. 7 (v) (b) has full application and the valuation for purpose of court-fee should be ten times the revenue payable. If the disputed land is not a definite share of the estate and not separately assessed, then alone the plaintiff is liable to value the suit for purpose of court-fee at the market value of the land. In absence of rules framed by the State Government of Orissa under S. 3 or by the High Court under S. 9, for determination of value for purposes of jurisdiction it is open to the plaintiff to value the relief sought for purpose of jurisdiction, which need not be the market value.(Para 4 5) .....