SHRI RAI SINGH Vs. DR.HEMO PRABHA SAIKIA

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 22.12.2010, Annexure P8, passed by learned trial Court vide which preliminary issues were decided against the present petitioner -defendant no.4.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) AFTER hearing learned counsel for the parties, learned trial Court decided issue No.4 in favour of respondent -plaintiff by holding that the suit is maintainable in present form, Regarding court fee, respondent -plaintiff was directed to affix the Court fee on the relief of possession @10% of total rent in respect of the land in dispute.