LAJWANTI Vs. BAHADUR SINGH

JUDGEMENT

(1.) This judgment would dispose of Civil Revision Nos. 798/78, 558/78 and 219/79 as common question of law is involved in them.

(2.) . This matter was admitted to a Division Bench by one of us (Sachar J) because there was a conflict of view between two learned Single Judges of this Court as to whether Section 7(v) of the Court Fees Act, 1870 or Section 7(xi)(cc) of the said Act applies in a suit filed by owner of the house for possession of the premises on the ground that the tenant whose tenancy had been terminated during his life time had died and the premises are now in occupation of his heirs.

(3.) . The respondent No. 1 has filed a suit claiming that the premises were in the tenancy of one Ram Sunder Bhatia whose tanancy was terminated by notice dated 6th January, 1958. It was further averred that after the termination of tenancy, the said Bhatia continued as a statutory tenant. He is stated to have died on 18th February, 1970. Defendants No. 1 to 9, who are heirs of Bhatia, should have handed over possession of the premises to the plaintiff but they have not done so and are continuing in illegal and unlawful possession of the suit premises. Hence suit for possession. The suit was valued for purposes of court fee at Rs. 5,000, on the value of the tenancy.