MALIK MOHD TANVEER Vs. UZMA MALIK & ANR

JUDGEMENT

(1.) The present petition is filed seeking to impugn the order dated 18.03.2015 passed by the trial court.

(2.) The petitioner has filed the present suit for mandatory injunction and mesne profits. It is contended that the petitioner is the owner of premises No. 1457, Gali Masjid Syed Rafai, Bazar Chitli Qabar, Jama Masjid, Delhi comprising of portion constructed on the first and second floor of the said property. It is further stated that the petitioner added one room on the second floor as the respondents were in need of a residential accommodation. Inasmuch as respondent No.1 is the cousin sister of the petitioner, the said respondent No.1 was allowed to use the first and the second floor without any license fee. It is urged that license now stands terminated and hence, the present suit.

(3.) By the impugned order dated 18.03.2015, the trial court held that a suit for mandatory injunction is maintainable against a licensee. The trial court, however, relied upon the judgment of the Division Bench of this High Court in the case of Ashok Chaudhary vs. Inderjeet Sandhu, 1998 4 AD(Del) 917 and Renu Nagar vs. Anup Singh Khosla & Anr., 2009 156 DLT 723 to hold that the petitioner has to value the suit for the purpose of jurisdiction at the market value of the suit property. Accordingly, a direction was passed to the petitioner/plaintiff to make necessary amendments in the plaint regarding valuation of the suit property and pay deficit court fees.