Dutta, C.J. - (1.) THE facts leading to this revision petition are as follows. The opposite party filed a suit in the Court of the Subordinate District Council Court, United Khasi -Jaintia Hills, Shillong claiming that she is the owner of a forest named Khyrdop Forest and that she had been dispossessed from the same by the Petitioners. She prayed for declaration of her title and recovery of possession. She valued the suit land at Rs. 16,000/ - and paid a court -fee of Rs. 150/ -. It is contended by the Petitioners that under the provisions of the Court -fees Act (hereinafter called the Act), the amount of court -fee leviable in this suit should be much higher. The Petitioners raised this as a preliminary point but the Subordinate District Council Court gave no decision on it. An appeal before the Judge, District Council Court was dismissed.
(2.) DR . Medhi, appearing on behalf of the Petitioners points out that the court -fee paid by the opposite party is not at the rate laid down in the Act. Moreover, the court -fee has been paid in cash whereas under Section 25 of the Act, court -fee can be collected only by stamps. Admittedly the suit land in question is within the areas of a former Khasi State. Therefore, the question is whether the Act is in force in such an area. In exercise of the powers conferred by Section 4 of the Extra Provincial IT jurisdiction Act, 1947, the Governor of Assam by a notification dated June 1, 1949, extended the Act to the Khasi States with the following among other restrictions, viz. (1) the Act shall apply in relation to Courts established or continued by the authority of the Central Government.
(3.) OBVIOUSLY , therefore, the Act does not apply to a Court constituted under the Sixth Schedule. The Subordinate District Council Court is such a Court.;