RAM NARAIN PRASAD AND ANR. versus ATUL CHANDER MITRA AND ORS.

RAM NARAIN PRASAD AND ANR. versus ATUL CHANDER MITRA AND ORS.

For the purpose of valuation of the suit for determination of court fees, only the plaint and the relief sought are relevant; counter-claims or denials in the written statement do not affect this determination even if such denials raise title issues.

Parties
Appellants/plaintiffs: Ram Narain Prasad and Anr.; Respondents/defendants: Atul Chander Mitra and Ors.
Jurisdiction
India
Judgment Date
29 March 1994
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal in Limine of Revision Petition Before Patna High Court
Outcome
Appeal allowed
Legal Topics
Court Fees, Suit Valuation, Landlord Tenant, Eviction
Civil Procedure Court Fees Suit Valuation Landlord Tenant Eviction

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Parties

Ram Narain Prasad and Anr.

Appellants/plaintiffs

Atul Chander Mitra and Ors.

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal in Limine of Revision Petition Before Patna High Court

Legal Issues

  1. 1 How should a suit for eviction be valued for purposes of court fees when the landlord-tenant relationship is denied by the defendant?
  2. 2 Is the written statement material for determining court fees and jurisdictional value?

Ratio Decidendi

For the purpose of valuation of the suit for determination of court fees, only the plaint and the relief sought are relevant; counter-claims or denials in the written statement do not affect this determination even if such denials raise title issues.

Court Disposition

Appeal allowed

Orders

  • Order of Patna High Court dismissing plaintiffs' revision application set aside
  • Order of trial court requiring payment of ad valorem court fees set aside