SANTILATA CHINEY Vs. BALARAM KHAN

JUDGEMENT

(1.) This revisional application raises a short point for determination. The petitioner is the defendant in Title Suit No. 53 of 1983 of the 2nd Court of the Munsif at Serampur. The suit was brought against her by the opposite party for a declaration that he is owner of the suit properties by virtue of the registered deed of gift executed in his favour on 22-5-80 by his uncle late Prabhat Ranjan Khan who was the original owner of the properties.

(2.) The case of the opposite party is that his uncle died on 14-6-80 and on 22-5-80 he executed a registered deed of gift conveying the suit properties to him (opposite party). The petitioner who is the daughter of the deceased was, however, realising rents from the tenants of the suit properties and interfering with his possession of the same in various other ways. As his right to the suit properties was clouded by the acts of the petitioner, he had to bring the suit for the reliefs stated above.

(3.) The suit was valued at Rs. 20/- under Section 7(iv)(b) of the Court-fees Act for the purpose of Court-Fees and Jurisdiction. An objection was raised by the petitioner to the effect that since relief was claimed in respect of the suit properties which, according to the deed of gift, were valued at Rs. 9,975/-, the valuation put by the opposite party was not acceptable and the court should revise the valuation under Section 11 of the Court-fees Act.