HEMANT GUPTA,C.J. - (1.)The challenge in the present petition is to an order dated 08.08.2013 passed by the learned 6th Civil Judge, Class-II, Satna in Civil Suit No.91A/2012 (Nirmalchand Jain and others v. Chakresh Kumar Jain and others ) whereby the petitioners were called upon to pay ad valorem court fee on the market value of the residential house situate at Seat No.47D, Plot No.116, Old Power House, District Satna having area of 1873 Square Feet.
(2.)The plaintiffs-petitioners sought a declaration that the house in question is a Joint Hindu Family property and also sought permanent injunction against the defendants. The plaintiffs claim to be in possession as well. The valuation of the suit was Rs.5000/- for the relief of declaration; and Rs.500/- for the relief of injunction.
(3.)The learned Trial Court passed an order that the court fees is not payable in terms of Schedule II, Article 17 of the Court-Fees Act, 1870 (for short "the Act") as the property in question is a residential house for which no land revenue is fixed. Therefore, ad valorem court fee on the market value is to be affixed.