AIR 1922 BOMBAY 171 ::1921 Bom LR(270) 1183 ::1921 (23) Bom LR 1183 ::(1921) 64 Ind Cas 1000

Bombay High Court

Hon'ble Judge(s): Macleod , C.J. AND Shah , J

Bombay Pleaders Act (17 of 1920) , — Suit by landlord to eject tenant - Pleader's fee must be calculated on actual value of property and not the value for Court-fees - Legal Practitioner Court-fees Act (7 of 1870) , S.7(IX)(cc)— In a suit to eject the defendant, plaintiff's tenant, from her house, the claim for purposes of Court fee was valued at Rs. 1,080 (the amount of rent for one year) and for purposes of jurisdiction it was valued at Rs. 15.000, the value of the house. The suit being decreed in the trial Court the defendant appealed to the High Court, valuing her claim at Rs. 1,080 both for Court-fee purposes and for pleader's fees but failed in appeal. A question having arisen how the pleader's fees should be assessed. Held, the pleader's fees should be assessed on the value of the house.