IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.226 of 2009 Yogendra Prasad Yadav, son of late Haro Yadav, resident of Mohalla Fort aria, P.S. Kotwali, District- Munger ----- Petitioner ---- Defendant no.1. Versus Rai Bahadur Dalip Narayan Singh, Trust Estate, Munger through Managing Trustee Shree Narayan Singh, son of late Raghuwar Narayan Singh, resident of Uddaya Dalip Mahal, Village-Purabsarai, P.S. Kotwali, District- Munger ---- Opposite Party --- Plaintiff. ---------------------------------- 6. 17.11.2011 Heard Mr. Jitendra Prasad Singh for the petitioner, and Mr. Kumar Uday Singh for the opposite party. Defendant No.I of Title Suit No. 56 of 1997/73 of 2005, has preferred this civil revision application under the provisions of Section 115 of the Code of Civil Procedure, and raises a grievance with respect to the order dated 5.1.2009, passed by the learned Munsif Ist , Munger, whereby the application of defendant no. 1, praying therein that the suit is beyond the pecuniary jurisdiction of the learned Munsif has on contest been rejected. We have perused the materials on record and considered the submissions of the learned counsel for the parties. After defendant no.1 filed his written statement, he filed the application stating therein that the suit is beyond the pecuniary jurisdiction of the learned Munsif. The 2 learned trial court took evidence on this issue and, on a consideration of the materials before him, reached the conclusion that the suit is within the pecuniary jurisdiction of the learned Munsif. He has observed that the question of payment of court fee, whether fixed court fee or ad valorem court fee, and in the case of the latter as to its quantification, has to be determined on the basis of the averments made in the plaint. He has on scrutiny of the evidence on record come to the conclusion that valuation of the suit property can not be “accessed on the basis of any sale deed and gift deed because, admittedly, the suit property is of Khash Mahal property which is non transferable and only by way of lease a person can hold the property by order of the Collector, Munger, who is the custodian of the Khash Mahal property”. We agree with the reasoning assigned by the learned trial court in reaching to the conclusion that the suit is within the pecuniary jurisdiction of the learned Munsif. The impugned order can not be faulted. This application is dismissed. Vinay/ ( S. K. Katriar, J.)