KHALLI DALAI Vs. STATE

JUDGEMENT

(1.) In this Civil Revision the order of the trial court directing the plaintiff to pay court-fee under S.7(v)(d) of the Court-fees Act is assailed.

(2.) Plaintiffs case in the suit for recovery of possession of immovable property and damages is that he is the owner of land in plot No. 176 measuring 1 acre 312 decimals. Out of it, he let out 930 decimals to defendant 2 as per the terms mentioned in the lease deed. He continued to pay the rent till 1976. Thereafter, he violated the terms of the lease and sublet portions to others who made permanent construction on the land. This gave rise to the suit for recovery of possession and damages.

(3.) There is no dispute that ad valorem court-fee is payable on the claims for damages. The short question for consideration is whether court-fee in respect of the recovery of possession is payable under S.7(v)(d) of the Court- fees Act as directed by the trial court