S.DHANUSHKODI Vs. K.SASIKUMAR

JUDGEMENT

(1.) This application has been filed praying to decide the preliminary issues as to whether the suit is overvalued as it has got to be valued under Sec. 43(d) of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and, if the suit has been overvalued, whether the same has to be transferred to the file of the City Civil Court, Chennai to try the same on merits.

(2.) For the sake of convenience and to avoid unnecessary confusion or ambiguity in the discussion, the parties will hereinafter be referred to as they are arrayed in the civil suit.

(3.) The plaintiff is the proprietor of Sri Vari Motors. The suit has been filed for restoration of possession of the schedule mentioned premises to the plaintiff; permanent injunction restraining the defendants, their men, agents and any other persons claiming under or through them from renting or leasing or encumbering the schedule mentioned property; granting permanent injunction restraining the defendants, their men, agents, or any other persons claiming under or through them from continuing in possession of the schedule mentioned property and consequently, put the plaintiff in possession of the schedule mentioned property; granting mandatory injunction directing the defendants or their men, or agents to handover all the original R.C. Books, Documents, Spares and all other materials belonging to the plaintiff that are kept in the schedule mentioned premises; and for costs of the suit.