Parmeshwar Singh and Others vs Musammat Sureba Kuer and Another

It appears from this case that the plaintiff framed his suit in Such a way that it was a suit for a declaration of his title with consequential relief. He claimed" for a declaration that he was an occupancy raiyat of the land and that the defendants were under raiyats holding under him, He claimed to eject them and also some arrears of rent. If a suit is deliberately framed in that way, it is clearly a suit of the class which comes u/s 7(iv)(c) of the Court Fees Act. It may well be that in many cases it is unnecessary to ask for a declaration of title as in cases where merely rent is claimed and in various other, classes of cases, but if your suit is framed so that you ask the Court to declare your title, it seems to me that the Court-fee must be paid as for a suit u/s 7, Sub-section 4(c). The Registrar has already dealt with this question and decided that on the memorandum the fee paid must be a fee as for a declaratory suit with consequential relief. He has no jurisdiction to decide that the deficit in the lower Court should be paid and that matter has been referred to this Bench, We agree with the decision of the Registrar and think that before this case can proceed, the deficit Court-fee amounting to Rs. 99 6 0 must be paid. The appellant will have a fortnight in which to pay that sum.