Judgement

B. C. RAY, J. :- This is a petition on special leave against the judgment and order dated January 11, 1987 of the High Court of Judicature of Patna passed in C.R. No. 1385 of 1985.

2. The plaintiff-respondent filed a suit for declaration that pattas dated 15-12-1948, 1-7-1950, 24-4-1951 and 26-11-1952 executed by Nagendra Prasad Bhagat in the name of defendant No. 1 were illegal, ineffective and not binding on the plaintiff. There was also a prayer for recovery of possession with mesne profits. The suit was valued on the basis of the rent payable for the land. The defendant filed a written statement and thereafter raised a preliminary objection that the plaintiff has undervalued the suit and also challenged the jurisdiction of the Court to entertain the suit. The Trial Court has held that the suit is governed by Sec. 7(iv)(c) of the Court-fees .Act, 1870 and the plaintiff has rightly valued the lease hold interest created by the lessee. The plaintiff is entitled to put his own valuation of the reliefs claimed. The valuation. it has been held, was not arbitrary and unreasonable and as such it was held that the plaintiff has rightly valued the suit and proper court-fee has be