SOUMEN KUMAR DE Vs. MALA DEY & ORS

JUDGEMENT

(1.) The main controversy centres round in this revisionsal application is what would be the Court Fees wherein the plaintiff claims to have 1/5th share in the land and absolute ownership in respect of the building, which he had constructed from his own income and by taking personal loan. He was an employee of a ship and for his job he had to travel here and there. Taking that advantage his sister managed to obtain a deed of gift from her mother. Thereafter the said sister has executed a deed of sale in favour of the defendant Nos. 5 and 6.

(2.) Challenging the order dated 08.09.2014 in connection with Title Suit No. 13593/2014 passed by the Learned Civil Judge (Senior Division) 3rd Court, Alipore the petitioner/plaintiff has filed the revisional application. Being aggrieved and dissatisfied with the finding of the Learned Court below which runs thus "plaintiff has to value the suit on the basis of the market value of the suit property as on the date of the presentation of the plaint and thereafter pay Court Fees in accordance with such value. It is hereby directed that the plaintiff should value the suit in accordance with the order and thereafter the plaintiff will pay Court Fees, failing which, the prayer for rejection of the plaint will be taken up by the Court," he has filed this revisional application.

(3.) At the time of hearing Learned Counsel appearing on behalf of the petitioner/plaintiff has submitted that the Learned Court below failed to take into consideration the decision (Suhrid Singh @ Sardool Singh -Vs.- Randhir Singh & Ors., 2010 AIR(SC) 2807), where the question arose regarding what should be the valuation of the suit in case of a suit for cancellation of a deed.