CHANDUBHAI JEMATBHAI Vs. GUJARAT STATE CO OPERATIVE LAND DEV BANK LIMITED SANKHEDA

JUDGEMENT

(1.) The petitioners are the original plaintiffs and respondents nos. 1 to 3 are the original defendants. The State of Gujarat who is the 4 respondent is the real contesting party in this Civil Revision Appli- cation. This Revision Application raises uninteresting question of interpre- tation of sec. 6(ix) of the Bombay Court-fees Act 1959 (hereinafter referred to as the Act). The plaintiffs have filed this suit praying that the attachment which has been levied on the land in dispute does not affect their 5/6th share in the suit land and their contention is that the debt created by the third respondent in favour of the first respondent-Coope- rative Bank was not binding on the plaintiffs 5/6th interest in the suit land. The plaintiffs are the five sons of respondent no. 3. It has the plaintiffs case that the amount for which the land was attached was Rs. 17 870 and the land in dispute was worth Rs. 15000.00 so far as the market value of the land was concerned. The suit was valued at Rs. 299.00 and the Court-fees of Rs. 15.00 were paid under clause (iv)(d) of sec. 6 of the Act. Thereafter the Court-fees Inspector applied to the trial Court viz. the Civil Judge (S.D.) Baroda under sec. 12 of the Act praying that the proper amount of court-fees should be directed to be paid in accor- dance with the provisions of the Act. I have perused the prayer in the plaint and it is obvious that the only way in which that prayer can be looked into is that it is a prayer for setting aside the attachment so far as the 5/6th interest of the plaintiffs in the suit land was concerned. It is true that the provisions of sec. 6(iv)(d) of the Act were invoked by the plaintiffs when they instituted the suit but if the suit was in fact to set aside the attachment of the land or an interest in the land or revenue then there is a specific provision in sec. 6(ix) of the Act and since there is a specific provision for suits of this kind it is sec. 6(ix) of the Act which should have been invoked and applied in this case rather than sec. 6(iv)(d) of the Act. To this extent Mr. Shah the learned Assis- tant Government Pleader appearing for the State Government is right to his submission.

(2.) Section 6(ix) is in the following terms: 6 In suits to set aside an attachment of land or or of an interest in land or revenue according to the amount for which the land or interest was attached. Provided that where such amount exceeds the value of the land of interest the amount of fees shall be computed as if the suit were for the possession of such land or interest. In the instant case so far as the value of the land in dispute is conce- rned as per plaintiffs own volition it was Rs. 15 0 No evidence was led by the Court fee inspector before the trial Court to show that the amount of the value of the land in dispute was more than Rs 17000/-. It is clear that so far as proviso is concerned the proviso comes into play only if the value of the land or interest is less than the amount for which the land or the interest is attached. If it exceeds that amount then the proviso cannot come into play at all.

(3.) Mr. Shah for the Government drew my attention to sec. 6(v)(a) of the Act which deals with suits for the possession of land houses and gardens. It reads as under: 6 In suits for the possession of land houses and gardens according to the value of the subject matter and such value shall be deemed to be where the subject matter is a house or garden according to the market value of the house or garden and where the subject matter is land and (a). where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government a sum equal to twelve and a half times the survey assessment; (b). .. .. ... ... . .. ... Therefore as regards the agricultural land where full assessment is paid to the Government under survey settlement for a period not exceeding 30 years then the land is to he valued at a sum equal to twelve and a half times the survey assessment and it is that valuation of such agricultural land in view of sec. 6(v) on which the Court fee has to be paid. Mr. Shah for the Government urged before me that an anomaly would be cre- ated if this is the manner in which sec. 6(v)(a) of the Act is to be inter- preted. He contended that the anomaly arises in this manner. If the value of the land or the interest is more than the amount for which the land or interest is attached then the court fee has to be paid on the amount for which the attachment is levied. In the instant case if it were to be found that the land or the interest therein claimed by the petitioner was worth Rs. 20.000.00 the Court fee will have to be paid on the full amount of Rs. 17 0 and odd but if the land is found to be of the value of Rs. 15 0 then the Court fee will have to be paid not on the amount of Rs. 15000.00 but on the artificial value which will be equal to twelve and a half times the assessment for land revenue in respect of that land in view of sec. 6(v)(a) of the Act.