RAM GOPAL Vs. SHIV CHARAN THAPAR

JUDGEMENT

(1.) The petitioner filed a suit for recovery of possession of disputed land situated at Central Market Lajpat Nagar, New Delhi, shown in red colour in the site plan Filed alongwith the plaint in Suit No. 676 of 1976 on 21st Dec., 1976, under Sec. 6 of the Specific Relief Act. The petitioner claimed tenancy rights in respect of this suit land at monthly rent of Rs. 60.00. He, therefore, valued the suit for the purpose of court fee and jurisdiction at Rs. 720.00 and Rs. 360.00 being half of the year's rent, paid Rs. 36/- as court fee. The respondent denied that the petitioner was a tenant in respect of the suit laird contended in the written statement that he was only a licensee.

(2.) On the pleadings of the parties, the trial court trained the following three preliminary issues:-

(3.) Issues Nos. 1 and 2 were decided by the court by order dated 7th July 1977. Issue No. 3 was decided by order dated 7th Feb. 1979 whereby the trial court on the basis of written statement filed by the respondent/defendant, came to the conclusion that the petitioner/plaintiff was only a licensee and his licence having been terminated he could not remain as a tenant in the premises in suit and thus Sec. 7 (xi)(e) of the Court Fee Act was not applicable. He further held that the plaintiff ought to have paid court fee on the market value of the property in dispute. The trial court further determined the market value of the land at Rs. 3,000.00 per square yard and directed the petitioner to make up the deficient court fee failing which the suit of the plaintiff would stand dismissed with costs. This order of the trial court is challenged by the petitioner in this civil revision petition under Sec. 115 of the Code of Civil Procedure.