V. B. RAJU - (1.) In a suit filed by the applicant for possession of certain parts of house property from his alleged landlords namely defendants No. 1 2 and 3 and from two other persons namely defendants Nos. 4 and 5 the District Court of Surat held that the suit fell under sec. 7(v) of the Court Fees Act and not under sec. 7 (xi) (e). The Judge therefore passed the following order :- The learned trial Judge should record evidence on the point as to the market value of the suit property and then ask the plaintiff to pay the necessary court fees on the market value of the suit property In case the plaintiff does not pay the necessary court fees within the time fixed by the trial Court it shall pass such orders as it thinks fit.
(2.) In case the trial court gives the finding that the market value of the suit property exceeds Rs. 10 0 (Rupees ten thousand) it shall return the plaint to the plaintiff for presentation to the proper Court
(3.) It should be understood by the parties concerned and the Court below that the findings on merits remain undisturbed;