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2000 Supreme(Pat) 1151

PATNA HIGH COURT
P.K.Deb, J.
Bhola Prasad @ Bhola Prasad Sah
Versus
Kashi Kant Jha
C.R. No. 1451 of 2000 ;
Decided On : SEPTEMBER 21, 2000

Headnote:Court Fees Act, 1870-Section 7-Court Fee of one year rent already paid-Fees payable in an eviction suit-Only because the defendant has challenged the title and relationship of landlord and tenant-that does not give any scope for directing the plaintiff to pay advalorem court fee-Frivolous petition rightly rejected by munsif Court. (Para 2)

Judgment

1. Heard the learned counsel for the parties.

2. This revision petition has been preferred against the order dated 12.6.2000 passed in Eviction suit No.1 of 1999 by Munsif 2nd, Madhubani whereby the prayer made by the petitioner for deciding the court fee matter as preliminary issue has been rejected. The suit was purely an eviction suit and for the purpose of eviction from the suit property court fee of one year rent has been paid by the plaintiff-opposite party. Only because the defendant has challenged the title and also challenged the relationship of landlord and tenant that does not give any scope for directing the plaintiff to pay ad valorem court fee. Learned court below has rightly rejected such frivolous petition. The revision petition has got no force and hence the same is rejected.

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