JIYAJEERAO COTTON MILLS LTD. Vs. GOKULCHAND PANDE S/O. BRIJ LAL

JUDGEMENT

(1.) THE only question that arises for determination in this revision petition is as to the Court -fees payable in a suit to recover possession of the property from a licensee. The Plaintiff -Applicant has paid Court -fees on the amount of maintenance charges on the house to which the suit relates payable for one year at the rate of Rs. 8/ - per month by the licensee.

(2.) IN this revision petition Mr. Shivdayal learned Counsel for the applicant urges on the authority of - 'Ramraj Tewari v. Girnandan Bhagat' 15 All 63 (A); - 'Mt. Barkatunnisa Begum v. Mr. Kaniza Fatma' : AIR 1927 Pat 140 (B) and - 'Basiram v. Ganeshchandra', 24 Cal WN 167 (C) that in a suit for possession of a property from a licensee, the subject -matter of the suit is the right to eject the Defendant and the value of that right is the value at which the Defendant's right to remain in the house under the license of the Plaintiff may be valued and that, therefore, the valuation put by the Plaintiff -Applicant on the right to eject the Defendant is a proper one.

(3.) THE order of the learned Civil Judge is, therefore, correct and this revision petition is dismissed without any order as to costs. The Petitioner is given one month's time from the date of this order for payment of the deficit Court -fees, if it has not been already paid.