Sayed Khalil Ahmed vs Sh. Jawahar Lal Goyal & Ors.
2014 Latest Caselaw 4708 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+
    C.M.(M) No.342/2011 & C.M.Nos.6039/2011 (stay), 7559/2011 (u/S 151
    CPC)

%                                                 22th September, 2014

SAYED KHALIL AHMED                                           ......Petitioner
                 Through:                None

                          VERSUS

SH. JAWAHAR LAL GOYAL & ORS.                 ...... Respondents

Through: Mr.J.K.Gupta, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

1. This petition impugns the orders of the court below dated 09.2.2011

and 21.2.2011 by which the respondent no.1/plaintiff was allowed to convert

the suit for injunction to a suit for possession and ordered filing of

appropriate court fees.

2. It is however noted that pursuant to the impugned orders, the

respondent no.1/plaintiff has valued the amended suit only at 12 months'

rent instead of court fees on the market value of property in a suit for

possession which is required as per Section 7(v) of the Court Fees Act, 1870

(in short 'the Act').

3. Learned counsel for respondent no.1/plaintiff states that he will pay

court fees now on the suit for possession as per Section 7(v) of the Act.

Respondent no.1/plaintiff is accordingly also allowed to amend the plaint to

include this aspect with respect to claiming possession as per Section 7(v) of

the Act and also state paying of the court fees accordingly.

4. The petition is disposed of in terms of the aforesaid observations,

leaving the parties to bear their own costs.

VALMIKI J. MEHTA, J SEPTEMBER 22, 2014 KA