RAM BAI Vs. RITESH JAIN

JUDGEMENT

(1.) THE petitioner has challenged the order dated 22.02.2013 passed by ld.trial court whereby the application of the petitioner, that is, defendant before the trial court under Order VII Rule 11 CPC for rejection of the plaint has been dismissed.

(2.) THE respondent herein that is plaintiff before the trial court has filed a suit alleging therein that the petitioner/defendant was engaged as Chowkidar by one of the co-owners on monthly charges of Rs. 2500/- and in that capacity she was allowed to reside in the property. It is alleged that after 31.12.2006 there was no requirement of keeping any chowkidar and as such her services were terminated and she was required to hand over the possession of the flat, however, she became dishonest and did not hand over the flat and as such she is in unauthorised possession of the same. It is stated that the suit property was sold by the co-owners to the plaintiff by registered sale deed. Thereupon, notice was issued to her but she is not vacating the suit property, accordingly, the aforesaid suit has been filed.

(3.) THE respondent/plaintiff did not file any reply and orally argued the matter and submitted that the suit property falls in category ,,H as per the sale deed attached along with the plaint. The circle rates for the same are Rs. 15,870/- and adding cost of construction, the value of the property would not be more than Rs. 4,00,000/- as such the suit has been properly valued.