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Issues: Whether a suit by a lessee seeking possession from a tenant holding over is governed by Section 7(11)(cc) of the Court Fees Act as a suit between landlord and tenant, or by Section 7(5) of that Act as a suit for possession valued on market value.
Analysis: The Court held that Section 7(11)(cc) applies to suits founded on the contractual relationship of landlord and tenant and is intended to provide a cheaper remedy where the landlord seeks recovery from his tenant after termination of the tenancy. A lessee is not an assignee of the landlord's interest and does not become the landlord merely by reason of holding a lease. The expression "landlord" in this context cannot be extended to include an original lessee suing against a subsequent tenant, because there is no privity of contract between them. The statutory scheme does not cover suits involving questions beyond the bare landlord-tenant relationship, and such matters fall outside Section 7(11)(cc).
Conclusion: The suit was held to be governed by Section 7(5) of the Court Fees Act and not by Section 7(11)(cc).