HARISH TANDON,J. - (1.) This re-visional application is directed against the order no. 47 dated June 5, 2017 passed by the Additional District Judge, Durgapur, Burdwan in Title Appeal No. 5 of 2011 by which direction was passed to pay the court-fee of Rs. 23,980/-.
(2.) Admittedly a suit for eviction of a monthly tenant was filed by the plaintiff/petitioner together with the mesne-profit at the rate of Rs. 72,000/- per month. The suit was valued taking into account the yearly rent agreed upon plus the quantum of mesne-profit per month. The said suit ultimately came up for final disposal and by a judgment and decree the court dismissed the same on the ground that there is an express bar under Section 29 of the State Financial Corporation Act and no notice determining/terminating the lease/tenancy was served. The said judgment and decree was carried to the appellate court and proper court-fee was paid on the valuation put in the memorandum of appeal.
(3.) An application was taken out by the West Bengal Industrial Development Corporation Limited for dismissal of the appeal as the valuation of the suit and appeal has not been properly made and the proper court fees has not been paid thereupon. It appears that the court found that in order to recover the amount on the ground of mesne-profit, the valuation should be done on yearly basis as is required to be done in case of eviction of a tenant on the basis of the rent.;