JAGATRAM Vs. BEERSINGH

JUDGEMENT

(1.) The petitioner who is plaintiff before the trial Court filed a suit for declaration of title, permanent injunction and vacant possession from the suit land bearing Khasra No.1212/1 (part of), area 1089 sq.ft., which is the urban abadi land situate at Village Doundilohara. On being noticed, the defendant filed an application under Order 7 Rule 11 of the CPC stating inter alia that the suit land is private urban abadi land which is not the land revenue paying land and therefore in order to claim reliefs, court fees ought to have been paid in accordance with the present market value under Section 7(v) of the Court Fees Act, 1870 which has been accepted by the trial Court partly and the plaintiff was directed to pay proper court fees on the plaint, otherwise, the plaint would be rejected on the next date of hearing. Questioning that order, this instant writ petition has been preferred.

(2.) Learned counsel for the petitioner submits that the order impugned is unsustainable and bad in law, as the petitioner is ready and willing to pay court fees on the basis of sale deed dated 13-1-2003 by which he has purchased the suit property.

(3.) Learned State counsel would submit that the order passed by the trial Court is in accordance with law.