J. R. AGGARWAL Vs. SUBIMAL KUNDU

JUDGEMENT

(1.) The present challenge has been preferred at the instance of the defendant in a suit for eviction.

(2.) In the said suit, the plaint case was primarily that there was a lease between the parties, which had come to an end on January 31, 1989 on efflux of time and by a notice dated December 19, 1988, the plaintiff, through his advocate, called upon the defendant to quit, vacate and deliver up peaceful and vacant possession of the suit premises.

(3.) By the impugned order, the trial court rejected the application filed by the defendant/petitioner under Section 11 of the West Bengal Court-Fees Act, 1970 and gave the defendant the liberty to raise the question of the appropriate suit valuation and court- fees at the final hearing of the suit.