N. SURESH Vs. T. RADHAKRISHNAN

JUDGEMENT

(1.) THIS application has been filed under Order VII Rule 11(a) and (d) read with Order 2 Rule 2(3) of C.P.C. for rejection of the plaint.

(2.) THE applicants herein are the defendants and the respondent is the plaintiff in the suit. For the sake of convenience, parties will be referred to as per their rankings in the suit.

(3.) IN O.S.No.6393 of 2012 the defendants have taken out an application in I.A.No.17270 of 2012 for rejection of the plaint on the ground that possession of the suit property had never been with the plaintiff and hence, the suit for bare injunction without the prayer for declaration of title and recovery of possession is not maintainable and that even if the claim of the plaintiff is amended by adding appropriate relief, the City Civil Court will not have the pecuniary jurisdiction to entertain the suit, since the market value of the property in question is Rs.84 lakhs ie., Rs.3,500/ - per sq.ft, whereas the maximum limit of relief that could be entertained in the City Civil Court is only upto the value of Rs.25 lakhs.