Calcutta High Court (Appellete Side)
Sri Subimal Kundu vs Mr. J. R. Agarwal And Others on 18 August, 2023
Author: Shampa Sarkar
Bench: Shampa Sarkar
August 18, 2023 Sl. No.10 Court No.19 s.biswas CO 400 of 2023 Sri Subimal Kundu vs. Mr. J. r. Agarwal and others Mr. Tanmoy Mukherjee Mr. Souvik Das Ms. Antara Panja Mr. Rudranil Das ... for the petitioner Stay of operation of the order dated September 21, 2022 passed in Title Suit No.40 of 1989, which is pending before the learned Civil Judge (Junior Division), 3rd Court at Howrah, up to February 28, 2024.
Service of the revisional application upon the opposite party no.1 and upon the learned Advocate appearing in the court below and affidavit of service to be filed on the next date.
The petitioner has made an arguable case. In a suit for eviction of a trespasser, the suit was not required to be valued at the market rate of the property when no declaration of title had been claimed. It also appears that this court had directed that the provision of Section 7(vi)(a) of the West Bengal Court Fees Act, 1970 would be applicable in computing the valuation of the suit.
On such observation of the Hon'ble Single Judge of this Court, the learned court below had passed the order directing the District Registrar, Howrah, to submit a report in respect of the 2 valuation of the property. Section 11 allows the court to revise valuation and determine the correct valuation of the subject matter of the suit and to hold an enquiry.
However, such enquiry, in my prima facie view, would not be ascertainment of the market value of the property where the suit is simpliciter a suit for recovery of immovable property from a trespasser. No declaration of title to the property has either been prayed for nor is necessary for the disposal of the suit.
Let this matter appear on October 9, 2023 under the heading 'Urgent Top'.
(Shampa Sarkar, J.)