(1.) Honable the Chief Justice has constituted this Bench pursuant to the order dated 27th April, 2016 of the learned Single Judge of this Court in I.A. No.3857/2016 supra of the plaintiff for amendment of the plaint to enhance the valuation of the suit for the purposes of jurisdiction. The relevant paras of the order dated 27th April, 2016 (reported as 2016 SCC Online Del 2497) are reproduced herein below:
(2.) The facts relating to the suit, for the purpose of this Reference, are that the plaintiff, on or about 6th Aug., 2009 instituted this suit for the reliefs of (a) declaration that she is the owner and the person entitled to possession of the garage on the right side drive-way of property No.C-63, Friends Colony (East), New Delhi; (b) mandatory injunction directing the defendants No.1 to 3 to remove their lock from the said garage; (c) permanent injunction restraining the defendants No.1 to 3 from interfering in the plaintiff‘s use and enjoyment of the said garage; (d) declaration that the plaintiff is entitled to the area on the portions above the second floor in the suit property that had been encroached upon by the defendants; (e) mandatory injunction directing the defendants to remove and demolish the unauthorised construction and encroachment on the rear side of the second floor of the property; (f) recovery of mesne profits of Rs. 4,80,000.00 and future mesne profits; and, (g) recovery of damages in the sum of Rs. 15 lakhs. The total valuation of the suit for the purpose of jurisdiction for all the reliefs claimed in the plaint was put at Rs. 47,95,530.00 and court fees of Rs. 56,231/- was paid on the plaint.
(3.) As per Sec. 5(2) of the Delhi High Court Act, 1966 (HC Act) as it stood at the time of institution of this suit in the year 2009, this Court, in respect of the territories for the time being included in the Union Territory of Delhi also had ordinary original civil jurisdiction in every suit, the value of which exceeded Rs.20 lakhs. Accordingly, this suit having total valuation exceeding Rs.20 lakhs was instituted in this Court.
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