Law:

Section:

Court Fees Act (VII of 1870)-------S. 7(xi)(e) & 7(v)(e)---Suit involving determination of title to property in question, as also rights, interests and liabilities of parties---Valuation for purposes of jurisdiction---Provision of S.7(xi), Court Fees Act, 1870, relates to suits between landlord and tenant and would have no application where rights, interests and others were also involved---Provision of S.7(xi)(e), Court Fees Act, 1870 applies to those cases only where tenant had been illegally ejected by landlord---Suit being for determination of title to property in question, as also rights, interests and liabilities of parties, would be covered by provisions of S.7(v)(e), Court Fees Act, 1870, providing for computation of court-fee on basis of market value---Parties agreeing to the market value of premises---Court-fee had, thus, been rightly, computed in suit and same was within jurisdiction of the Court. Secretary of State v. Dinshaw Navroji and another. AIR 1925 Sindh 275 ref. ORDER This application on behalf of defendant No.4 has been filed under Order 7, Rule 10, C.P.C. read with section 7(xi)(e) of the Court Fees Act and section 8 of the Suits Valuation Act. However, on the objection of the plaintiff's counsel that by virtue of Order 49, rule 3, C.P.C. the provisions of rule 10 and clauses (b) and (c) of rule 11 of Order 7 were not applicable to the High Court, the defendant's counsel requested that this application may alternatively be considered as under clause (d) of rule 11 of Order 7, C.P.C. In support of his application it was contended by Mr. Faisal Arab, the learned counsel for defendant No.4, that the present suit had been deliberately overvalued so as to bring it within the jurisdiction of this Court. He submitted that the suit in fact being one for recovery of possession of the disputed shop from the landlord, fell under sub-clause (e) of clause (xi) of section 7 of the Court Fees Act providing for computation of court-fee on the basis of annual/one year rent which in this case was admittedly Rs.3,000. As such, it was submitted that, by virtue of section 8 of the Suits Valuation Act the value of the suit for purposes of jurisdiction would…

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