KRISHNA SHARMA AND ANOTHER Vs. RAM BHAROSEY AND OTHERS
LAWS(ALL)-1965-7-43
HIGH COURT OF ALLAHABAD
Decided on July 21,1965

Krishna Sharma And Another Appellant
VERSUS
Ram Bharosey And Others Respondents


Referred Judgements :-

VICTORIA V. BISHOP OF VOCOUVER ISLAND [REFERRED]
MST. KULSUMUNNISAFT V. KHUSHNUDI BEGUM AND ANR. [REFERRED]
SHANTI PRASAD AND ORS. V. MAHABIR SINGH AND ORS. [REFERRED]


JUDGEMENT

- (1.)This is a revision under Section 115 Code of Code of Civil Procedure by Sri Krishna Sharma and another, Plaintiffs, against the order of the Additional District Judge of Moradabad dismissing their appeal under Section 6A. of the Court Fees Act and thereby confirming the order of the Munsif of Moradabad with regard to the court fee payable on the amended plaint. The finding recorded by the subordinate courts is that court fee was payable on a valuation of Rs. l,390/ for the land and Rs. 1974/-for the materials of the building.
(2.)The facts of the case, in brief, are as below:
The Plaintiffs had instituted the present suit against Ram Bharosey and three others for the recovery of arrears of rent and damages and also for ejectment, with the allegations that they (Defendants) were occupying the building as tenants. The Defendants, however, claimed to be the owners thereof whereupon the Plaintiffs had the plaint amended and claimed possession as permanent lessees and asserting the Defendants to be trespassers.

On the amended relief the Plaintiffs wanted to pay court fee calculating the valuation of building and land separately, for the building on the market value of the materials of the constructions and for the land on the annual rental paid by them as permanent lessees. In substance, their claim was that for the land, court fee was payable under Clause (v-B) of Section 7 of the Court Fees Act and not under Clause (II) of Section 7(v) of the Act.

(3.)The point for consideration is whether the term "building" as used in sub-section (v) of Section 7 of the Court Fees Act includes land, or the building has reference to standing constructions only. In case "building" does not include land, it shall be necessary to lay down how the valuation of the land "or purpose of court fee shall have to be determined.
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