SISIR KUMAR DUTTA Vs. SUSIL KUMAR DUTTA
HIGH COURT OF CALCUTTA
SISIR KUMAR DUTTA
SUSIL KUMAR DUTTA
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Banerjee, J. -
(1.) This is a reference to a Special Division Bench, under the second proviso to Rule 1 Ch. II of the High Court Appellate Side Rules. The particular question of law referred for determination by the Special Bench is:
"What is the proper valuation of a suit for ejectment of a licensee upon revocation or termination of his licence for purposes of (1) Court-fees and (2) jurisdiction? Is there any difference in the matter between a case of revocation of licence and a case of termination as distinguished from revocation of licence?"
(2.) Facts, in so far as they are material for determination of this reference, lie within a short compass and are hereinbelow stated.
(3.) The plaintiffs, who are the petitioners, filed a suit for eviction of the defendant opposite party, whom they described as a licensee, on the ground that the licence in favour of the defendant had been revoked. There were also certain other reliefs claimed by the plaintiffs, for example, mesne profits, but with those other reliefs I am not concerned at this stage. The relief, in so far as ejectment was concerned, was valued at Rs. 100/-, which according to the plaintiffs was the value of the said relief, and Court-fee was paid accordingly.;
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