PROSANNADEB RAIKAT Vs. PURNA CHANDRA SHAHA

JUDGEMENT

(1.) In the suit which has given rise to this reference the plaintiff, the proprietor, prayed for enhancement of the rent of the defendants who are tenure-holders. The existing rent of the tenure was Rs. 32-14-0 as per year, and the prayer was to enhance it to rupees 2,000 a year. There was no prayer for recovery of rent for any period. The two rival contentions urged before me are as follows:

(2.) On behalf of the Government it has been contended that the case comes Under Section 7 (2), Court-fees Act, 1870; while it has been urged on behalf of the plaintiff, now appellant, that the computation should be as Under Section 7(11)(b) of the Act. The report of the Stamp Reporter was in these words: In such cases court-fees are payable Under Section 7, para. (1) as in the case of claims for money. The plaintiff having claimed rent at this rate can be said to be claiming that amount of money. If it be said that the rent is a periodical payment then it would come Under Section 7, para, (2).

(3.) The report of the Taxing Officer shows that before him the Stamp Reporter relied, and perhaps more strongly on Section 7(4)(c) urging that the suit was to obtain a declaratory, order viz , the liability of the tenure to enhancement with a consequential relief, viz., the finding that the amount of enhancement is due.