V.RAJAGOPALA REDDY
Karanam Rammamurthy – Appellant
Versus
Executive Officer, Panchayat Raj, Palakonda Division – Respondent
( 1 ) THE petitioners, who are plaintiffs, laid the suit for permanent injunction restraining the defendants from laying any road in the plaint schedule land. They made a notional value at Rs. 1,000/- for the relief claimed and a Court fee of Rs. 111/- was paid, u/sec. 26 (c) of A-P. Court Fees and Suits Valuation Act, 1956 (for short, the Act ). For the purpose of jurisdiction the market value of the subject matter was shown as Rs. 67,000/- and therefore the suit came to be filed before the Subordinate Judge s Court, Rajam.
( 2 ) THE inspecting staff of the District Court issued a check slip stating that the suit having been valued at Rs. 67,000/- for the purpose of jurisdiction, since the pecuniary jurisdiction of Subordinate Judge s Court commences from rs 50,000/- the Court fee should be paid on Rs. 67,000/ -. The petitioners filed objections maintaining that the Court fee paid by them was proper as it is in accordence with the provisions of the Act. The learned Sub-ordinate Judge, rejected the objections and directed the petitioners to pay the Court fee on rs. 67,000/- Hence the C. R. P.
( 3 ) IT is contended that the suit can be differently valued, on
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