HARISHCHANDRA GOLCHA Vs. JIWAJI RAO COTTON MILLS LTD

JUDGEMENT

(1.) THIS is a revision petition under Section 115 of the Code of Civil Procedure.

(2.) THE petitioner (hereinafter referred to as the applicant) has been occupying the premises as a tenant of the plaintiff non-applicant. The non-applicant filed a suit against the applicant for eviction on the ground that the tenancy had been duly determined. The suit is being resisted by the applicant.

(3.) IT appears that the plaintiff had paid court-fees under Section 7 (xi) (cc) of the court Fees Act, on the basis of annual rent. The applicant raised the objection that the Court fees paid was not proper and that the plaintiff non-applicant was liable to pay ad valorem Court fees on the value of the property. This objection was disallowed by the trial Court. Being aggrieved thereby the applicant has filed this revision petition.