RAVINDER KUMAR RISHI Vs. SUSHMA RISHI

JUDGEMENT

(1.) A very interesting point has arisen for consideration viz whether court fee is payable on a compromise application under order 23 Rule 3 Code of Civil Procedure, 1908 or the compromise decree drawn up pursuant thereto whereunder a large amount happened to be paid to the defendant.

(2.) In the present case a plaint containing the following prayer was registered as a suit:-

(3.) The case of the plaintiff in the plaint was that defendant had allegedly trespassed into the suit property on 20.7.1997, and had forcibly dispossessed the plaintiff of two rooms in the suit property. It was the further case of the plaintiff that the cause of action again arose on 8-8.1997 when the defendant upon release on bail in the Case FIR No.285/97, once again barged into the suit property bearing No.A-54, Kailash Colony, New Delhi and forcebly occupied two rooms by wrongfully dispossessing the plaintiff.