UMADATT MISHRA Vs. VIDYASHANKAR MEHTA

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS revision is directed against order dated 24.11.2014 passed by the Court of 3 rd Civil Judge, Class -I, Jabalpur in civil suit No. 74A/2014 whereby the application filed by defendant/revision petitioner Umadatt Mishra under Order 7 Rule 11 of the Code of Civil Procedure was dismissed.

(3.) THE defendant/revision petitioner moved an application under Order 7 Rule 11 of the CPC on the ground that there is no relationship of landlord and tenant between plaintiff and defendant. As such, provisions of M.P. Accommodation Control Act, 1961 are not attracted to the case. The suit basically is for obtaining possession of the suit property from the defendant. The defendant has been in legal possession of the suit property from the year, 1991 in full knowledge of the plaintiff and this civil suit has been filed after a period of 25 years. As such, it is barred by law of limitation. As per the Collector guidelines market value of the property is about Rs. 46,50,000/ -. Since the suit is for delivery of possession, the plaintiff ought to value the suit at Rs. 46,50,000/ - and pay the Court fee of Rs.5,58,000/ - thereon. It has been prayed that civil suit is barred by limitation and is also liable to be dismissed because it was not properly valued and adequate Court fee was not paid thereon.