Viswanatha Sastri, J.-The plaintiff in the Court below, here petitioner, seeks a revision of the order of the District Munsiff of Badagara requiring her to pay court-fee in a suit for recovery of possession of land held under a kanom demise together with arrears of rent, not only on the principal amount of the kanom but also on the arrears of rent claimed by her. The kanom amount was Rs. 60 while the arrears of rent sought to be recovered and on which additional court-fee was directed to be paid was Rs. 1,145-7-0. The plaintiff prayed that the amount due to her for arrears of rent should be set off against the amount of the kanom and the value of the improvements due to the defendants and that the latter should be directed to restore possession of the demised land and pay whatever might be found due to her on accounts being taken. There has been a difference of opinion in this Court as regards the proper method of valuing suits of this kind for purposes of court-fees and jurisdiction. The divergence of views is due to the anomalous character of a kanom which is neither wholly a mortgage nor wholly a lease. The incidents of a kanom tenure originally recognised by custom and judicial

Click Here to Read the rest of this document