Advocates appeared:
For the Petitioner: R.L. Khapre, S.A. Mohta, R.G. Kavimandan &
D.P. Jaiswal, Advocate. For the Respondents:R7, R8, R10 & R11, A.L. Deshpande, Advocate.

Case Summary

• The writ petition challenges the trial court's order dated 02.09.2009, which upheld an objection to the suit's valuation and directed payment of deficit court fees under Sections 6(iv)(ha) and 6(iv)(d) of the Bombay Court Fees Act, 1959 [4000341240001].
• The suit seeks 1/4th share in an agricultural land after partition, possession, cancellation of a sale deed (to which the plaintiff is not a party), declaration of ownership, and mesne profits [4000341240002][4000341240005].
• The sale deed in question, dated 25.06.1998, was executed for Rs.4,60,000/- in favor of defendants 7 to 11, and the plaintiff valued the suit accordingly for the cancellation relief [4000341240005][4000341240006][4000341240011].
• Defendants applied under Order 7 Rule 11 CPC, claiming valuation should be based on market value exceeding Rs.40 lakhs at suit filing [4000341240006].
• Trial court held that declaration relief attracts Section 6(iv)(ha) and possession attracts Section 6(iv)(d), requiring full ad valorem fee on market value [4000341240007].
• For possession of agricultural land under Section 6(v), value is deemed 40 or 80 times survey assessment (here, less than Rs.1,000/- for plaintiff's share), not market value [4000341240008].
• Section 6(vii) governs partition suits for revenue-assessed agricultural land, leading back to Section 6(v) valuation [4000341240008][4000341240009].
• Legislature distinguishes "market value" (used explicitly for houses/gardens under Section 6(v), or movable property under Section 6(iii)) from "value of the property" (used in Section 6(iv)(ha), referring to document's stated value, not market value) [4000341240011][4000341240015].
• Non-incorporation of Section 6(v) in Section 6(iv)(ha) is deliberate, unlike in Section 6(iv)(d), confirming different valuation schemes [4000341240015].
• Plaintiff's valuation at Rs.4,60,000/- for cancellation/declaration (per sale deed value) and Rs.1,000/- each for declaration of share and partition is proper; total suit valuation Rs.4,62,000/- upheld, subject to any deficit under specified sections [4000341240008][4000341240016].
• Writ petition allowed; trial court's direction to revalue on market basis quashed (!) (!) [4000341240016].

Ratio Decidendi

• Distinction between market value and statutory "value of property" under Bombay Court Fees Act, 1959, is crucial; court fees computed on document's value for declarations challenging sales (non-party plaintiff), not market value [4000341240011][4000341240015].
• For agricultural land possession/partition, valuation fixed at multiples of survey assessment under Section 6(v), overriding market value claims [4000341240008][4000341240011].