DEEPAK NATWARLAL PAREKH Vs. TEJAS NATWARLAL PAREKH

JUDGEMENT

(1.) THIS notice of motion is taken out by the defendant for dismissing the suit for want of pecuniary jurisdiction as also for returning the plaint to proper Court under Order 7 Rule 10 of the CPC.

(2.) IT is argued on behalf of the defendant that the Court has no pecuniary jurisdiction and the pecuniary jurisdiction claimed by the plaintiff is erroneous. The suit premises is part of flat No.2 on the first floor of unit no.5 in Premium Unit Co -operative Housing Society Ltd at Four Bungalows, Link Road, Andheri (West), Mumbai -400 053.

(3.) THE plaintiff has sought mandatory relief by way of a direction for the said flat as also common garden. A reading of the plaint shows the entitlement of the plaintiff to the entire flat No.2 on the first floor of unit No.5. The plaintiff must value the entire flat of which he, in essence, seeks exclusive possession upon the discontinuance of the joint user by and between the parties as before. The valuation is, therefore, correct though not correctly worded. The plaintiff may amend the valuation clause of the plaint as advised. However the Court 's pecuniary jurisdiction is not barred. The reliefs prayed for in prayers (a) and (b) cannot be granted and are refused.