CHANDRA SHEELA AND ORS. Vs. SHIPRA AGARWAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The defendant claims to be a tenant and not a licencee.

(3.) Once it is held that a suit for mandatory injunction for delivery of possession against a licensee if brought without undue delay is maintainable, the Court-fee payable would be under S. 7(iv-B)(b) of the Court-Fees Act and not S. 7(v) of the Court-Fees Act. On the allegations of the plaint and nature of relief sought, therefore, the Court-fee paid in the suit was sufficient and the defendant-appellant's plea that the plaint should have been rejected as insufficiently stamped was rightly turned down by the Courts below.