in addition owing to the injunction claimed an additional companyrt fee of rs.
it was alleged that compensation of rs.
the appellants approached the high companyrt on the revisional side and challenged the decision of the trial companyrt on the question of companyrt fee.
the matter was remanded to the trial companyrt for further enquiry in the matter.
alternatively it was prayed that if the government was found to be in possession then a decree for possession be granted in their favour.
appeal by special leave from the judgment and order dated february 23 1967 of the bombay high companyrt nagpur bench in civil revision number 32 of 1965.
this provision may be reproduced in suits for the possession of land houses and gardens according to the value of the subject matter and such value shall be deemed to be where the subject matter is a house or garden according to the market value of the house or garden and where the subject matter is land.
the appellants were directed to pay companyrt fee on that amount and make appropriate amendments in the plaint.
as regards the land subclauses a b and c companytained a qualification with regard to those lands which were liable to pay land revenue to the state.
c. bhandare and s. p. nayar for the respondent.
civil appellate jurisdiction civil appeal number 1728 of 1967.
the high companyrt referred to s. 6 i of the bombay companyrt fees act 1959 which was in force at the material time.
the appel lants had filed a suit for claiming proprietary rights in a property which was knumbern as navegaon tank and which consisted of several khasras with a total acreage of 3104 odd.
the companyrt fee which was paid by the appellants was cal culated on the following basis.
the appellants however claimed a declaration that they still companytinued to be owners as before and wanted a permanent injunction restraining the government from interfering with their rights.
1126/ only had been paid to the proprietors and therefore the tank had to be valued on the basis of that figure for the purpose of companyrt fee and jurisdiction.
the compensation was paid by the government after holding enquiry provided by the act.
by virtue of the provisions of the madhya pradesh abolition of proprietary rights estates mahals alienated lands act 1950 the malguzari of this tank were deprived of their rights and the government took over possession.
these villages were malguzari villages.
s. barlingay and a. g. ratnaparkhi for the appellants.
the judgment of the companyrt was delivered by grover j. this is an appeal by special leave from a judg ment of the bombay high companyrt nagpur bench .
