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2001 Supreme(MP) 827

S.P.KHARE
DHARAMRAJ SINGH – Appellant
Versus
VAIDYA NATH PRASAD KHARE – Respondent


Advocates Appeared:
A.P.SINGH

S. P. KHARE, J.

( 1 ) THIS is a revision by the plaintiff against order dated 8-9-2001 of the 1st Additional District Judge Sidhi in Civil Suit No. 22-A of 2000 by which he has been directed to value the suit for purposes of Court-fee at Rs. 82,500/- and pay ad valorem Court-fee.

( 2 ) THE relevant averments in the plaint are that the defendant No. 1 granted sub-lease of a portion of the plot shown in red colour in the plaint map to the plaintiff by lease deed dated 29-7-1995 and placed him in possession thereof; the plaintiff is in possession of this land and has raised some construction thereon; the defendant No. 1 has got surrender deed dated 31-12-1999 in respect of this land registered in his favour in which a consideration of R. 85,500/- has been shown the plaintiff has not signed on this deed and he is not a party to it; it is forged and the defendant No. 1 is threatening to dispossess the plaintiff from that plot. The plaintiff has claimed the relief of declaration that the said surrender deed is void and of permanent injunction for restraining the defendants from interfering with his possession on the plot.

( 3 ) IT is well settled that the question of Court-fee must be con








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