JUDGMENT-This Revision Application is directed against the order passed by the Civil Judge. Senior Division, Bhandara, in Special Civil Suit No. 14 of 1964, directing the plaintiff to pay ad velorem court fee on Rs. 15,16,500 holding that the suit is under section 6 (iv) (d) third proviso of the Court Fees Act.

2. The suit was commenced on 17th of August 1963 and was preceded by a litigation between the defendant and plaintiffs which went upto the Supreme Court. The plaintiffs claimed that they were the descendants of one Chimna Patel and Kolhu Patel of Tahsil Sakoli, District Bhandara; that they held lands described in plaint para 1 and that they are persons holding interest of their ancestors C~imna Patel and Kolhu Patel; that these two persons were their ancestors. According to them, in this Tahsil Sakoli somewhere in the in the 17th Century their ancestors constructed a tank called the 'Navegaon Bandh' at a cost" of about a lakh of rupees and the said tank was their private property; that from this tank they used to take water to their crops of sugarcane and rice and also used to enjoy the tank waters and exploit it for fishery purposes as well as lease it out for cultivation o

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