CHIEF INSPECTOR OF STAMPS Vs. ANJUMAN ISLAMIA LTD

JUDGEMENT

(1.) This is a petition in revision under Section 6B, Court-fees Act, 1870, as amended in its application to this Province. The plaintiff brought a suit alleging that the defendant was the tenant of six shops in the town of Bareilly and that he was in arrears of rent for six years. The reliefs-claimed by him were as follows: (a) A decree for Rs. 1010-4-6 for arrears of rent may be awarded. (b) A decree for the ejectment of the defendant from the disputed shops and for possession of the plaintiff over the same may be passed. (c) Pendente lite and future mesne profits at the rate of Rs. 28 per shop may be granted.

(2.) Inter alia, the defendant contended that (the court-fee paid was insufficient. The Inspector of Stamps also objected that the court-fee paid was insufficient. His contention was that the two reliefs for arrears of rent and for ejectment should have been separately valued and the court-fees should have been separately paid in respect of them. Reliance was placed upon Section 17, Court-fees Act, and upon Lala Sriram V/s. Jagat Narain 93 I.C. 291 (Oudh); Parumal Aitmal V/s. Motumal 17 I.C. 44 and Shahazadi Begam V/s. Mahbub Ali Shah and Ors. A.I.R. (7) 1920 ALL. 40.

(3.) The learned Civil Judge did not agree with the Stamp Inspector's report and held that the court-fee paid on the plaint was sufficient. The plaintiff had paid the court-fee on the aggregate value of the two reliefs.