SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1956 Supreme(P&H) 12

BISHAN NARAIN
Ram Kanwar Kidarmal – Appellant
Versus
Naurang Rai Kundan Lal – Respondent


Judgment

Bishan Narain, J.

1. This suit has been filed for a declaration for cancellation of a lease deed in dispute and as a consequential relief a prayer has been made for an injunction restraining the defendants from interfering with the property under lease. The value for purposes of jurisdiction and court-fee was fixed at Rs. 550/- and court-fee was paid on this amount. The defendants objected to the valuation of the suit. The trial Court held that Section 7 (v), Court-fees Act, 1870 applied to the plaint and the value should be fixed at the market value of the property for the purposes of court-fee and jurisdiction and ordered the plaintiffs to amend the plaint accordingly. The plaintiffs have filed this petition for revision.

2. It is obvious from the plaint that the plaintiffs seek a declaratory relief that the lease deed is inoperative and a consequential relief that the defendants should not interfere with the plaintiffs rights. Thus the court-fee is to be computed under Section 7 (iv) (c), Court-fees Act. Under this section the plaintiffs have been given the right to value the relief claimed. The Punjab State legislature by the Punjab Court-fees (Punjab Amendment) Act, 19





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top