SHARMISTHA BISWAS Vs. NANIGOPAL DEB

JUDGEMENT

(1.) This Revision is directed against the Order passed by the Ld. Civil Judge (Junior Division), 1st Court at Alipore on "18.09.2010" in Title Suit No. 110 of 2002 of the said Court, although in the heading of the application the petitioner has wrongly mentioned an Order dated "22.04.2009," in place of the one actually challenged.

(2.) The Opposite Parties had filed the Suit seeking Recovery of possession in respect of the disputed suit premises by evicting the original defendant (since deceased), who was the father and predecessor-in-interest of the present petitioner, and who was alleged to be a licensee therein under the plaintiffs.

(3.) The petitioner contested the suit by filing her Written Statement and Counter-claim against the Opposite parties, in which she prayed for declaration of her Right, Title and Interest in the suit property along with certain other declarations, and a decree for Specific Performance of the Contract for Sale, along with permanent injunction and other consequential reliefs. It transpires from the Certified Copies of the Orders passed by the Ld. Trial Court from 22.04.2009 onwards that the petitioner after entering appearance in the Suit originally filed her Written Statement with Counter-claim along with a Court Fees of Rs. 3,600/- on 03.03.10. However the Ld. Court below got the Valuation of the Counter-claim to be checked and determined that the Court Fees payable thereupon was Rs. 11,930/-, and therefore directed the petitioner to file the Deficit Court fees amounting to Rs. 8,330/- which direction was complied with by her on 16.06.2010.