BABUBHAI CHHANAALAL SATWARA Vs. SUNDER RATANSI SHAH

JUDGEMENT

(1.) This Civil Revision Application is directed against the order of the learned Judge of the City Civil Court, dated 30th November, 1993 in respect of the valuation of the suit under section 8 of the Suits Valuation Act. The Respondent-Plaintiff has sued the Petitioner-Defendant for possession of the entire open space behind the plaintiff s property known as Palan Sojpal Building by removing the shed with its extension thereon allegedly, unauthorizedly put up by the petitioner.

(2.) The Plaintiff valued the claim in the suit at Rs.10,000/- being the market value of the entire open space and for reliefs in respect of the trespass by the Defendant at Rs.4,275.

(3.) Upon the Defendants raising a plea that the suit is not properly valued, it was referred to the Registrar of the City Civil Court under section 8 of the Suits Valuation Act. The Registrar prepared a report that the valuation of the property should be made on the basis of the market value of the property at Rs.1,69,500/-. The Registrar has computed the market value on the basis of the entire area, which is said to have trespassed upon and on the basis of that a shed thereon, admeasures more than 8000 sq.ft..