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2000 DIGILAW 1150 (PAT)

Bhola Prasad @ Bhola Prasad Sah v. Kashi Kant Jha

2000-09-21

P.K.DEB

body2000
Judgment 1. Heard the learned counsel for the parties. 2. This revision petition has been preferred against the order dated 12.6.2000 passed in Eviction suit No.1 of 1999 by Munsif 2nd, Madhubani whereby the prayer made by the petitioner for deciding the court fee matter as preliminary issue has been rejected. The suit was purely an eviction suit and for the purpose of eviction from the suit property court fee of one year rent has been paid by the plaintiff-opposite party. Only because the defendant has challenged the title and also challenged the relationship of landlord and tenant that does not give any scope for directing the plaintiff to pay ad valorem court fee. Learned court below has rightly rejected such frivolous petition. The revision petition has got no force and hence the same is rejected.