MD. ABDULLAH Vs. SALEHA BI

JUDGEMENT

(1.) THIS is a revision against the order of the lower court calling upon the Plaintiff to amend the plaint and pay court -fee on the suit as on a suit based on title and for possession. The Petitioner before us is the Plaintiff in the lower court. He filed a suit for ejectment against the Defendant -Respondent, alleging that the predecessor of the Defendant took up the house on rent; that the predecessor died and that the Defendants have not paid any rent subsequently. He, therefore, prayed for ejectment of the tenant and for possession of the house. The defence of the Respondents was that the Plaintiff had no title to the property and that the house belonged to the Defendants and that they were in possession of the house in their own right. The lower court has come to the conclusion that having regard to the nature of the suit, it ought to be treated as one based on title and, therefore, the Plaintiff was bound to pay court -fee as on a suit based on title and not as a suit for ejectment under Section 4, cl. 9(D), Hyderabad Court -foes Act. This revision is directed against the above order.

(2.) WE have heard the arguments of the respective advocates of the parties. We are of the opinion that the lower court was wrong in holding that this suit would be governed by Section 7, cl. 4, Hyderabad Court -fees Act. We would make it clear at the outset that the question of court -fee depends upon the allegations in the plaint and not on the defence raised by the Defendant. Therefore, before deciding under what section of the Court Fees Act, court -fee has to be paid, the Court has to look into the allegations in the plaint.