ORDER
S.C. Mohapatra, J.
1. In this Civil Revision the order of the trial court directing the plaintiff to pay court-fee under Section 7(v)(d) of the Court-fees Act is assailed.
2. Plaintiffs case in the suit for recovery of possession of immovable property and damages is that he is the owner of land in plot No. 176 measuring 1 acre 312 decimals. Out of it, he let out 930 decimals to defendant 2 as per the terms mentioned in the lease deed. He continued to pay the rent till 1976. Thereafter, he violated the terms of the lease and sublet portions to others who made permanent construction on the land. This gave rise to the suit for recovery of possession and damages.
3. There is no dispute that ad valorem court-fee is payable on the claims for damages. The short question for consideration is whether court-fee in respect of the recovery of possession is payable under Section 7(v)(d) of the Court-fees Act as directed by the trial court.
4. Section 7(v)(d) of the Act deals with a broad category of land only. In the absence of any other material, the trial court cannot be said to be wrong in calling upon the plaintiff to pay court-fee thereunder. However, Section 7(xi)(cc) of the Act provides for recovery of possession of immovable property from a tenant, it reads as follows : —
“(xi) Between landlord and tenant — In the following suits between landlord and tenant –
(a) to (c) xxx xx
(cc) For the recovery of immovable property from a tenant, including a tenant holding over after the determination of tenancy.
(d) to (f) xxx xx
according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.”
As between Section 7(v)(d) and 7(xi)(cc) of the Act, the latter is a special provision whereas the former is a general provision. The special provision is to prevail in case all the requirements are satisfied.
5. Mr. B.B. Ratho, the learned counsel submitted that although the nature of the suit comes within Section 7(xi)(cc) of the Act, some more conditions are to be satisfied and the plaintiff should get an opportunity to amend the plaint to bring to the plaint those facts. I am inclined to hold that interest of justice would be best served in case such an opportunity is given.
6. Accordingly, I set aside the impugned order giving opportunity to the plaintiff to amend the plaint to bring it within the scope of Section 7(xi)(cc) of the Court-fees Act and thereafter, the trial court shall examine the court-fee payable in accordance with law.
7. In the result, the Civil Revision is allowed. There shall be no order as to costs.