SARASWATI ALIAS JAYA BICHPURIA Vs. ARCHANA BICHPURIA

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India the petitioner/defendant has challenged the order dated 3-8-2006 passed by the second Civil Judge Class- II, Katni in Civil Suit No. 143-A/2004.

(2.) BRIEFLY stated, the respondent/plaintiff filed a suit for mandatory injunction on 7-7-2004 on the basis of a registered release deed dated 12-9-2003 executed by the petitioner/defendant in favour of the plaintiff seeking eviction of defendant from the suit premises and directing her to give vacant possession of it to the plaintiff. As per the plaint averments since the defendant was residing in the suit premises and to arrange for another place for her resident on her request the plaintiff allowed her to stay in the suit premises for short time enabling her time to shift to another accommodation. However, when the defendant even after the demand of the plaintiff declined to vacate the suit premises on unreasonable and false pretext the plaintiff had to file the suit in question.

(3.) THE defendant filed her written statement and also filed an application under Order 7 Rule 11 of the Code of Civil Procedure (for short 'cpc') raising a dispute regarding the payment of Court fees. The defendant stated that the plaintiffs suit is based upon the release deed dated 12-9-2003 (Annexure P-4), in which the value of the suit property is shown to be rs. 7,85,000/- in the circumstances the plaintiff was required to value her suit at rs. 7,85,000/-and was required to pay Court fees accordingly. The defendant stated that the plaintiff having not paid the requisite Court fees, the suit filed by her deserves to be dismissed.