PUNJAB EXCHANGE Vs. RAJDHANI GRAINS LIMITED

JUDGEMENT

(1.) The petitioner (The Punjab Exchange Ltd.) is the plaintiff which filed a suit for certain reliefs including a relief for mandatory injunction being granted in the plaintiff's favour against the defendant, directing the defendent to stop using the premises shown red in the plan and to vacate and hand over and remove their use and occupation from the entire third floor of the building known as Kohinoor Building, Katra Baryan, Delhi except the front portion of the first and second floors It is not necessary to set out the other reliefs prayed for because the above relief alone is material for the purpose of determining proper court fees payable on the plaint, which alone is the subject matter of this Revision.

(2.) The plaintiff is a company registered under the Companies Act. It is alleged that the plaintiff company had taken the said building on lease from its owners and that it had been permitted, by the said landlords, to sublet any portion of the building and to grant licences for the use or occupation of any such part to any one. The further allegation is that the plaintiff granted a licence to the defendent on 2.1.1960 for the use of a ring and some portion of the building for a period of three years, and that the defendent, as part of the said arrangement, also agreed to collect licence fees from the other licensees of the said plaintiff and pay a licence fee at the rate of Rs.2,700.00 per month. It is also the case of the plaintiff that on the 28th November 1971 the plaintiff formally revoked the licence of the defendant by a notice in writing and asked the defendant to stop using the ring and the above premises. Failure to comply with the saKid demand led to the present suit for not only arrears of licence fees but the relief above-mentioned.

(3.) It is needless to set out even the stand of the defendant in the written statement because the allegations in the plaint alone have to be looked into for the purpose of determining the court fees payable in the plaint. The only two provisions of the Court Fees Act, 1870, whicare material in so far as the relief in question is concerned, are section 7 (iv) (d)' and 7 (v). They read [--]