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1957 Supreme(Cal) 204

S.K.SEN
BIRENDRA KUMAR DUTTA – Appellant
Versus
CHARU CHANDRA DUTTA – Respondent


Advocates Appeared:
SARAT CHANDRA JAIN, TARUN KUMAR BANERJEE

S. K. SEN, J.

( 1 ) THIS revisional application is directed against an order of the learned Munsif, 1st Court, Howrah, accepting the valuation made by the plaintiffs in a suit for the purpose of court fees and jurisdiction. The plaintiff's filed the suit for declaration of title and recovery of possession on the allegation that the defendant was a licensee and that the license had been terminated. The suit was valued at Rs. 100/-, the subject-matter of the license being a masonry one-storied building on a plot of land measuring about six cottahs situated in Mouza Jagacha in the district of Howrah. The property is situated in a village and not in a municipal area. The defendant objected that the suit being a suit for declaration of title and recovery of possession, though as against a licensee on the case of the plaintiffs, it should be valued according to the actual value of the subject-matter of the license, that is, of the plot of land measuring six cottahs and the structures situated thereon. This contention was repelled by the learned Munsif who held that the case would come under Section 7 (iv) (c) of the Court Fees Act and no objective standard of valuation being available,


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