SM. ANGURI DEVI Vs. GURNAM SINGH
HIGH COURT OF PUNJAB AND HARYANA
Sm. Anguri Devi
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Harnam Singh, J. -
(1.) TO appreciate the point arising in Civil Revision No. 875 of 1949 the material facts of the case must be set out in somo detail.
(2.) SM . Anguri Devi instituted Civil suit No. 79 of 1949 on 2 -2 -1949, for declaration that she was a tenant in respect of the shops in suit and for possession of those shops on the allegation that Gurnam Singh Defendant had unlawfully and forcibly taken possession of those shops on 16 -11 -1947. Plaintiff also claimed compensation for wrongful use and occupation of the shops at Rs. 75 per month for the period between 16 -11 -1947 and 25 -1 -1949. The suit has been valued under Section 7(iv)(e), Court -fees Act at Rs. 900 for purposes of Court -fee and jurisdiction. Gurnam Singh Defendant urged a preliminary objection at the trial that that subject -matter of the suit had not been correctly valued for purposes of Court -fee and jurisdiction and pleaded that the Plaintiff was liable to pay ad valorem Court -fee under Section 7(v), Court -fees Act on the market value of the shops in suit.
(3.) ON the pleadings the trial Court fixed the following issue : Whether the plaint has been correctly valued for purposes of Court fee and jurisdiction?;
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