The revision petitioner is the defendant in O.S.No.291 of 1991 in the Court of District Munsif of Udhagamandalam. The respondent/ plaintiff instituted the suit for ejectment in respect of O.03 cents in R.S.No.1772/4 of Ootacamund Town together with superstructure thereon stating that the revision petitioner is a tenant in occupation of the premises under a registered lease deed dated 4. 1976, that he continues as a tenant by holding over and that as per the terms of the lease deed the lessee is not entitled to remove the superstructure put up by him on determination of lease. The revision petitioner though admitted that the construction was made as per the terms of the lease, pleaded in his written statement that the lease of the suit land is governed by the provisions of Madras City Tenants Protection Act and that he has already filed O.P.No.3 of 1991 under Scc.9 of the City Tenants’ Protection Act for appropriate relief. He also contended that the Court-fee paid is not correct. The respondent/plaintiff has paid Court-fee for the relief of delivery of possession of superstructure on the piece of land which is not separately valued. Instead he is liable to pay Court-fee o