MATHURA PRASAD MISSIR Vs. SUKHDEO RAI

JUDGEMENT

(1.) In this application filed by the plaintiff, a question arises for decision as to what would be the court-fee payable on the plaint instituted under Rule 103 of Order 21 of the Civil Procedure Code (hereinafter referred to as 'the Code').

(2.) The relevant facts are that the petitioner having obtained a possessory decree, got delivery of possession of the lands in question on the 22nd December, 1963 in Execution Case No. 13/7 of 1963-64.

(3.) Opposite party No. 1 filed an objection under Rule 100 of Order 21 of the Code in the execution case claiming that he had been wrongly dispossessed in execution of the decree in question. The claim was allowed and ultimately the petitioner instituted the title suit in question for setting aside the order dated the 24th August, 1965 passed on the objection of the opposite party under Rule 100 of Order 21 of the Code in execution proceeding, In the meantime the property's possession was restored back to the objector (opposite party No. 1). Accordingly, the petitioner also prayed for declaration of title and recovery of possession.