AIR 1966 ANDHRA PRADESH 66 ::ILR (1968) Andh Pra 434

Andhra Pradesh High Court

Hon'ble Judge(s): P. Satyanarayana Raju, N. Kumarayya , JJ

Andhra Pradesh Court-fees and Suits Valuation Act (7 of 1956) , S.50(1), S.29— Suit for possession of immovable property - Valuation of subject matter for jurisdiction - Departure from prescribed mode of provisions in Suits Valuation Act not permissible - Value for purposes of Court-fee computed on 3/4th value of lands as enjoined in S.29 - Same shall be value for jurisdiction - Provision held not in conflict with S.6 Civil P.C. Section 50(1) provides that in cases where no specific provision is made for valuing the suit for purposes of determining jurisdiction it is the same as that assessed for computing the Court fee payable under the Act. That specific provision need not be in the Act itself. It may as well be in any other statute. All that is essential is that such provision must be for the valuation of the suit for purposes of jurisdiction. The Code of Civil Procedure does not contain any such provision. Nor is there anything in the Madras Civil Courts Act to indicate that legislature intended the amount or value for purposes of District Munsif's jurisdiction to be assessed or estimated in any established or special manner prescribed therein. The only lawful mode then available in Statute Book to be adopted for valuing the suit for purpose of determining jurisdiction is what is provided in S. 50 of the Andhra Court Fees and Suits Valuation Act. It is i....