USHA BAGCHI Vs. PANKAJ KUMAR MITRA

JUDGEMENT

(1.) This is an application for rejection of the plaint on the ground of lack of pecuniary jurisdiction of this Court. The Defendant states that the Plaintiff, according to the plaint, has called the Defendant a licensee under the Plaintiff at a monthly licence fee of Rs. 8,000. Accordingly, under Sec. 7(vi)(b) of Court Fees Act the suit valuation should be one year's licence fee which comes to only Rs. 96,000. Therefore, the Defendant submits, the valuation put for possession of the property at Rs. 10 lakhs is impermissible.

(2.) The exact words of Sec. 7(vi)(a) and (b) are relevant and those are set out below:

(3.) The Plaintiffs contention is that the Plaintiff is entitled to value the plaint as in a suit against a trespasser under Clause (a) above.