A.N. Ray, J. - (1.) This is an application for rejection of the plaint on the ground of lack of pecuniary jurisdiction of this Court. The Defendant states that the Plaintiff, according to the plaint, has called the Defendant a licensee under the Plaintiff at a monthly licence fee of Rs. 8,000. Accordingly, under Sec. 7(vi)(b) of Court Fees Act the suit valuation should be one year's licence fee which comes to only Rs. 96,000. Therefore, the Defendant submits, the valuation put for possession of the property at Rs. 10 lakhs is impermissible.
(2.) The exact words of Sec. 7(vi)(a) and (b) are relevant and those are set out below: (vi) In a suit for recovery of possession of immovable property from: (a) a trespasser, where no declaration of title to property is either prayed for or necessary for disposal of the suit -according to the amount at which the relief sought is valued in the plaint subject to the provisions of Sec. 11. (b) a licensee upon revocation or termination of his licence - (i) where a licence fee is payable by the licensee in respect of the immovable property to which the suit refers - according to the amount of the licence fee of the immovable property payable for the year next before the date of presenting the plaint or (ii) where no such licence fee is payable by the licensee - according to the amount at which the relief sought is valued on the plaint subject to the Provisions of Sec. 11.
(3.) The Plaintiffs contention is that the Plaintiff is entitled to value the plaint as in a suit against a trespasser under Clause (a) above.;