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2013 DIGILAW 1388 (MP)

Kuddus Khan v. Kusumlata Mishra

2013-11-14

U.C.MAHESHWARI

body2013
JUDGMENT : U.C. Maheshwari, J. 1. She is heard on the question of admission. The petitioners - defendants have filed this petition under Article 227 of the Constitution of India being aggrieved by the order dated 27.6.2013, passed by the IInd Civil Judge, Class-II, Satna in COS No. 65-A/12, whereby their application filed under Order 7, Rule 11 of CPC for dismissal of the impugned eviction suit of the respondent on the ground that in the lack of ad-valorem valuation of the suit on the market price of the disputed house and court fee accordingly is not tenable, has been dismissed. 2. Having heard the counsel at length, keeping in view the arguments, I have carefully gone through the papers placed on record alongwith the impugned order. It is undisputed fact on record that the impugned suit has been filed by the respondent - plaintiff against the petitioners for eviction with respect of the premises in which as alleged the petitioners are in possession as a tenant and the suit is valued for eviction of the petitioners on twelve months rent and court fee was paid accordingly. Under the law the averments of the plaint is considered to decide the question of proper court fee over the suit and the objection either in WS or the application under Order 7, Rule 11 of CPC could not be taken into consideration. It is also apparent from the plaint that for eviction by carrying out the valuation of the suit on the basis of twelve months rent the court fee was paid accordingly on such valuation. Besides this, the court fee has also been paid on the arrears of the sum of the rent. In view of the existing legal position, the approach of the trial court in the impugned order dismissing the aforesaid application of the petitioners could not be said to be contrary to the propriety of law. Consequently this petition deserves to be and is hereby dismissed. My aforesaid approach is also based on a decision of the Apex Court in the matter of S. Rm. Ar. S. Sp. Sathappa Chettiar Vs. S. Rm. Ar. Rm. Ramanathan Chettiar reported in AIR 1958 SC 245 . Consequently this petition being devoids of any merits is hereby dismissed at the stage of motion hearing.