JAIDEV JAIN AND CO Vs. BURMAH SHELL OIL STORAGE AND DIST CO OF INDIA

JUDGEMENT

(1.) THIS is a revision application by the defendants against an appllate order of the District Judge, Ganganagar.

(2.) THE defendants are the lessees of a plot of land at Ganganagar which was sub -let by them to the plaintiff for a period of 15 years. Possession over the plot was given back by the plaintiff to the defendant under a licence under which the defendants were appointed as dealers of the plaintiff for the sale of petroleum and other products. On the plot of land a petrol pump has been installed and a show -room has been constructed. It is not denied that the cost of these constructions comes to more than Rs. 20,000/ -. The defendants have resigned from the dealership and the plaintiff has instituted the present suit for possession over the land. One of the questions raised before the appellate court on behalf of the defendants was that the price of the building standing on the land should be included in arriving at the valuation of the land for the purpose of court -fee under Section 29 of the Rajasthan Court -fees and Suits Valuation Act, 1961. This contention was not accepted by the appellate court and hence this revision application has been filed.

(3.) IT was held in all the above cases that the value of the building was not to be included where the plaintiff does not claim possession over the building.