BOMBAY AMMONIA PVT LTD Vs. RAJ KUMAR

JUDGEMENT

(1.) The prayers in this suit are as follows: (a) grant a decree for declaration in favour of the Plaintiff Company and against Defendants No.1, 2 and 3 to the effect that the Agreement to Sell dated 19.11.2003 entered into by Defendant No.3, is illegal, null and void and is non-est is of no effect and is not binding on the Plaintiff Company; (b) a decree of permanent injunction may also be granted in favour of the Plaintiff Company and against the Defendants No.1 and 2 and not to disturb the peaceful possession of the Plaintiff Company of plot No.47, Block No.9, Kirti Nagar Industrial Area, New Delhi or any part of the said plot; (c) pass such other or further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(2.) The valuation of this suit is contained in paragraph 4 which read thus: The value of the Suit for the purposes of court fee and jurisdiction is as under: Court Fees Valuation Court Fees paid i) For grant of decree of declaration that the Agreement dated 19.11.03 entered into by Defendant No.3 in favour of Defendants No.1 and 2 is illegal, null, void and non-est and is not binding on the Plaintiff Company. Rs.200/- Rs.20/- ii) For the relief of permanent injunction, restraining Defendants No.1 and 2 from disturbing the possession of the Plaintiff's plot No.47, Block-9, Industrial Area, Kirti Nagar, New Delhi Rs.130/- Rs.13/- ------------- ------------- Total Rs.330/- Rs.33/- JURISDICTION i) For the relief of declaration of the value shown in agreement to sell dated 19.11.2003. Rs.77,00,000/- ii) For the relief of injunction. Rs. 130/- -------------------- Total Rs.77,00,130/- --------------------

(3.) The caption of the Plaintiff states it is a suit for Declaration and Permanent Injunction.