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1984 Supreme(Pat) 160

L.M.SHARMA
Sheo Shankar Prasad – Appellant
Versus
Barhan Mistry – Respondent


Advocates Appeared:
For the Appellants in all the cases: M/s R. K. Verma, Arun Bihari Mathur, Pramod Bihari Mathur and Ajay Kumar Mathur.
For Respondent No. 1: M/s Shreenath Singh and S. K. Shukla
For Respondent No. 2 to 7: M/s B. P. Sinha and Rajendra Kishore Prasad.

JUDGMENT :

Lalit Mohan Sharma, J. - These appeals arise out of four suits numbered as T. S. nos. 15 to 18 filed by Sheo Shankar Prasad for eviction of different defendants in the suit from four katras. According to his case, the katras belong to him and the defendants are occupying the same as tenants.

2. The plaintiff alleges that rent was paid upto December, 1978 only and the defendants have defaulted thereafter. The plaintiff alleges personal necessity also. The defendants have seriously denied the title of the plaintiff to the katras in question. Although initially the suits were filed as between the landlord and tenant and court fee paid accordingly, but as a result of the defence, the parties led evidence on the question of title to the property, and the Courts have dealt with the question at considerable length. It has been repeatedly held by this Court, and I may mention a recent case on the point, being S. A. 467 of 1981, all owed on 17th April, 1984, that before the Court goes into the question of title not incidentally, but in a full-fledged manner the plaintiff should be asked to pay ad valorem court fee. That has not been done.

3. Mr. R. K. Verma, learned counsel for the




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