MALATI CHANDRA Vs. DILIP KUMAR DEBNATH

JUDGEMENT

(1.) THIS is an appeal against judgment and decree dated December 22, 2000 passed by the learned Civil Judge (Senior division), First Court, Howrah in Title Suit No. 33 of 1993.

(2.) THE said suit was for pre-emption and was valued at Rs. 30,010/- (Rupees thirty thousand and ten) only.

(3.) THE learned Civil Judge by his said judgment and decree dismissed the said suit on contest with costs and, further, directed the plaintiff to pay additional Court-fees on Rs. 1,39,990/- (Rupees one lac thirty nine thousand nine hundred ninety) only. The learned judge, inter alia, held that the valuation of the suit property at Rs. 1,70,000/- (Rupees one lac seventy thousand) only, as on January 1, 1993, as mentioned in Exhibit-4, was reasonable; as the defendant No. 1 was in possession of the suit property, the suit ought to have been valued not less than at Rs. 1,70,000/- (Rupees one lac seventy thousand)only. He, therefore, held that the defendant was liable to pay Court-fees on rs. 1,70,000/- (Rupees one lac and seventy thousand) only ; the Court-fees paid was insufficient.