Decided on April 17,1969

Gadde Veeramma Appellant
Bayipati Satyanarayana Respondents


- (1.)(Judgement of the court delivered by Gopal Rao Ekbote J.) This revision petition is directed against an order of the Subordinate judge, Eluru made on 16th Dec., 1965. It arises in the following circumstances.
(2.)The petitioner instituted O.S. No. 123 of 1963 in the court of the principal District Munsif, Kovur for possession of 87 cents of land and for past mesne profits for the years 1960 to 1963 with interest thereon at the rate of 53 per annum. She valued the subject matter of the suit at Rs. 600.00.
(3.)The defendant objected to the valuation and stated that the valuation was incorrectly made and that the court-fee paid thereon was not adequate. The lower court framed issue No. 3 in regard to the dispute relating to valuation of the subject-matter of the suit and the payment of court-fee thereon. At the time of final disposal of the suit, the learned District Munsif observed in regard to issue No. 3 that the issue was not seriously contested before him by the defendant. He therefore found the valuation given by the plaintiff and the court-fee paid by her thereon need not be disturbed. Since the suit of the plaintiff was dismissed on other grounds, the plaintiff appealed to the Subordinate Judge's court. During the pendency of this appeal, the Court-fee Examiner from the High Court went to the Subordinate Judge's Court. On examination of the memo of the appeal, the court-fee Examiner objected to the valuation placed on the subject-matter of the appeal by the appellant. He therefore requested the Court to determine the market value. The court in view of the objection raised appointed a commissioner to make a report on the correct valuation of the suit lands on the date of the filling of the suit The commissioner accordingly submitted a report on 4-11-1965. He reached the conclusion that the evidence furnished and the other material placed before him established that the suit land was worth Rs. 3000.00 per acre on the date of the filing of the suit. Calculated on that basis, he found the value of the suit land of 87 cents on the date of the suit to be Rs. 2610.00.

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