AZIZUR RAHMAN Vs. SALAMAT KHAN

JUDGEMENT

(1.) S. C. Mohapatra, J. This is an appeal under Section 6-A of the Court Fees Act.

(2.) PLAINTIFF filed a suit for direction to defendants to leave the land and house mentioned in the schedule to the plaint which is in their possession within the time stipulated by the Court. In paragraph 20 of the plaint, plaintiff has valued the house at Rs. 4,00,691. 20 p. Trial Court which origi nally accepted court- fee paid has called upon plaintiff to pay deficit Court-fee on the valuation of the house after amendment of the plaint. This is grievance of the appellant.

(3.) IN the present case, however, on the perusal of the plaint, we are satisfied that the relief for recovery of possession of land and house has been sought for. For coming to conclusion about the relief sought plaint is to be read as a whole and dextarity in drafting the relief to avoid payment of Court-fees should not influence a Court. On perusal of the plaint as amend ed, we are satisfied that relief being for recovery of possession of the house which is valued at four lakhs rupees, Court-fee is payable on that amount. Accordingly, Trial Court is correct in calling upon the plaintiff to pay deficit Court-fees.