M.M. Kumar, J. - (1.) THIS revision petition is directed against the order dated 4.11.1993 passed by the Sub Judge 1st Class, Jind (the Court was presided by Shri H.P. Singh, HCS at that time). The trial Court while treating issue No. 6 as preliminary issue concerning the valuation of the suit for the purposes of Court -fee directed the Plaintiffs to make the deficiency of the court fee within a month's time i.e. by 6.12.1993. Against that order, the present revision petition has been filed.
(2.) WHEN notice of motion was issued on 3.12.1993, it was ordered that the petitioners were not required to deposit the court -fee till further orders. Thereafter, the petition was admitted on 25.1.1994 and the interim order was allowed to continue. The Plaintiffs -Petitioners filed a suit for possession regarding agricultural land measuring 5 1/2 marlas comprised in Khewat No. 34 Khatoni No. 34 min khasra No. 209 min East as per Jamabandi for the year 1988 -89 situated in revenue estate of Hathwala, Tehsil and District Jind. They claimed that the land was owned and possessed by Plaintiff and proforma -Respondent which have been illegally occupied by the Defendant and a house has been constructed on that land. They further prayed that the illegal construction raised by the Defendants may be removed and they may be delivered possession of the land. The learned trial Court after completion of pleadings framed the issues. Issue No. 6 was concerning payment of court -fee. The trial Court treating issue No. 6 as preliminary issue concluded that the value of the property on the basis of the market value was more than Rs. 50.000/ - as there is construction of a house which comprises two rooms and one big varandaha. Therefore, the court -fee has to be affixed according to the market value of the land plus the house.
(3.) I have heard Shri R.N. Lohan, Learned Counsel for the Petitioners and Shri Shamsher Singh, Learned Counsel for the Respondents and have with their assistance gone through the record.;