AIR 2020 CALCUTTA 228 ::AIROnline 2020 Cal 386 ::(2020) 3 ICC 98 ::(2020) 214 All Ind Cas 316 (Cal) ::2020 (3) ICC 98 ::2020 (214) All Ind Cas 316

Calcutta High Court

Hon'ble Judge(s): Biswajit Basu , J

Court-Fees Act (7 of 1870) , S.7(v)— (as Applicable In West Bengal) West Bengal Court-Fees Act (10 of 1970) , S.11— Suit for permanent injunction - Counter claim for eviction of licensee - Since licence is revoked, counter-claim to be valued as per subject matter - Subject-matter is possession of suit land and not property in respect of which relief is claimed - Value of same cannot be assessed on basis of market value. (Para 12 13 16 17) If a licensee, whose license stands revoked, becomes a trespasser, then a suit for eviction of such a person undoubtedly would be a suit for possession of land, house or garden and must be valued according to the value of the subject-matter under S.7(v) of the Court-fees Act of 1870. Thus, where a suit for permanent injunction was filed and by way of counter-claim relief of eviction of licensee was sought, purchase value of the suit property cannot be the sole criterion to revise the value put in by the petitioners for their relief of said counter-claim. .....