MARIA PHITOMINA PEREIRA Vs. RODRIGUES CONSTRUCTION

JUDGEMENT

(1.) THIS is an appeal by the original plaintiff. She filed a suit being Short Cause Suit No. 3230 of 1989, in the Bombay City Civil Court, at Bombay, apparently, for specific performance of an agreement dated 21-2-1983 together with the agreement dated 4-8-1980 and sought a decree for possession of a flat bearing No. 11, on the first floor of the building known as Mary Apartments, situated at Borivali, Bombay.

(2.) THE consideration mentioned in the agreement is about Rs. 87,000/ -. When the plaintiff took out a notice of motion for interim reliefs, the defendants contended that the Court had no pecuniary jurisdiction to entertain and try the suit. Naturally, the learned Judge had to decide that question under section 9-A of the Code of Civil Procedure. The learned Judge, by his judgment and order dated 17-7-1989 held that the Court has no jurisdiction and the plaint was ordered to be returned to the plaintiff for being presented before the proper Court. This appeal is against this judgment and order.

(3.) THE plaintiff has contended in the plaint that the present suit has been filed by the plaintiff to enforce the obligations on the part of the defendants under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the Ownership Flats Act" ). She has further stated that there is no provision under the Bombay Court-Fees Act providing for fees payable in such a suit and that, therefore, she has valued the suit under the provision of section 6 (iv) (j) of the Bombay Court Fees Act, and has, therefore, valued the subject matter of the suit at Rs. 300/- and has paid the Court-fees thereon. 3-A. As against this, the learned Judge has come to the conclusion that the suit is essentially a suit for specific performance of a contract and that, therefore, the same has to be valued as provided under section 6 (xi) of the Bombay Court- Fees Act, 1959, and in that event, the subject matter of the suit will have to be valued according to the amount of the consideration of the agreement.