Law: Court-fees Act (VII of 1870)

Section: S. 7 (iv) (e)

(a) Court Fees Act (VII of 1870), S. 7 (iv) (e)-Trees, not planted but self-grown, go with land-Court-fee can be levied on the value of those trees only which have been cut or marked for cutting.   A I R 1938 Oudh 40 rel.   (b) Civil Procedure Code (V of 1908), S. 115-Decision on question of Court fee given by Court in favour of plaintiff-Not "case decided" and, therefore, not revisable unless decision has resulted in subordinate Court exercising jurisdiction not vested or in failure to exercise jurisdiction vested in it.  JUDGMENT   The suit, out of which this revision petition arises, was brought by Mst. Bibian, daughter of Jalal Din, Gujjar of Naral Bun, a hamlet of Jabbar, Tahsil Mansehra, against Mst. Begum Jan and three others for possession of the equity of redemption of 3/4th share out of land measuring 1249 Kanals 12 Marlas comprised in the khasra numbers specified In the heading of the plaint, situate in the area of the same village by the cancellation of mutation No. 1671, attested on 15-11-54, and for the issuance of a permanent injunction that the defendants be restrained from receiving the price of the trees marked by the Forest Department. In order to appreciate the facts of the case it will be convenient to produce the following pedigree-table cf one Mir :-   Mir   Faqir Muhammad Noor   Nur Muhammad Jalal Din   Gulu Mst. Bibian   Bawala   (died issueless)   It was alleged that Mir was the occupancy tenant of the disputed land, and on his death it was inherited jointly in equal shares by his two sons Muhammad Noor and FaqIr. On the death of Muhammad Noor his one-half share was allotted to his son Jalal Din, and on his death his daughter Mst. Bibian plaintiff inherited the above-mentioned one-half share. The one-half share of Faqir son of Mir was inherited by his son Nur Muhammad. The latter was succeeded by Gulu and on the death of Gulu it was inherited by his son Bawala. It Is alleged that Bawala died issueless but the inheritance Mutation No. 1671 was wrongly attested on 15-11-54 in favour of Mst. Begum Jan defendant No. 1. The plaintiff alleged that Mst. Begum Jan was not the…