BHAJAN KAUR Vs. DILBAGH SINGH

JUDGEMENT

(1.) The plaintiff who was directed to pay Court fee for the market value of the suit property fixed at Rs. 10 lacs based on the application filed under Order 7 Rule 11 of the Code of Civil Procedure by the defendant, has come forward with the present Revision. The trial Court having found that there is a house in the suit property and the suit property bears Municipal Corporation number, chose to accept the plea of the defendant and directed the plaintiff to pay Court fee on the market value of the property.

(2.) The learned counsel appearing for the Revision petitioner would submit drawing the attention of this Court to Section 7 of the Court-fees Act, 1870 that the plaintiff has paid Court fee of Rs. 19.50 as the plaintiff has been paying annual revenue to government. It is her further submission that the trial Court without embarking upon fixing actual value of the suit property simply adopted the value given by the defendant in the application filed by him under Order 7 Rule 11 of the Code of Civil Procedure.

(3.) If the suit property is simply a land and the relief of delivery of possession has been sought by the plaintiff, of course as contended by the learned counsel appearing for the Revision petitioner-plaintiff, 10 times of the actual revenue fixed by the government shall be value of the subject matter of the suit.