LAWS(BOM)-1997-2-3

ROSY CLEMENT DLUS Vs. WILLIAM LAWRENCE DSOUZA

Decided On February 06, 1997
ROSY CLEMENT DLUS Appellant
V/S
WILLIAM LAWRENCE DSOUZA Respondents

JUDGEMENT

(1.) RULE. Respondent no. 1 is served, but nobody is appearing. Learned Counsel for Petitioner and Respondent nos. 2 to 4 heard. The question is what should be valuation for the purpose of the Court fees and jurisdiction in the suit filed by the Petitioner. The learned Judge of the City Civil Court, Greater Bombay held that the valuation for the purpose of possession of flat should be based upon mesne profits claimed by the Petitioner multiplied by 150 minus outgoings. Taking that view, he held that the market value would be Rs. 500 x 150 i. e. Rs. 75,000/- minus outgoings of Rs. 2780/ -. In addition he further held that the suit should be valued for the purpose of permanent injunction at Rs. 300/ -. The said order is under challenge. In my opinion, the suit valuation by the Petitioner at Rs. 260 x 150 i. e. Rs. 39,000/- for the purpose of possession and Rs. 300/- for permanent injunction was correct. Under the provisions of Section 6 (v) of the Bombay Court Fees Act, market value of the suit property is required to be found out. It is necessary to deduct the municipal taxes, water charges and the amount required to keep it tenantable and thereafter to find out what is the net income which is required to be multiplied by 150. The Petitioner has pointed out that every year she is required to pay Rs. 80/- as municipal taxes, Rs. 200/- as water charges and to spend Rs. 2500/- for tentanable repairs. This amount would come to Rs. 2780/- per year. The learned Judge has erroneously deducted Rs. 2780/- from the total 12 1/2 years. Hence net income at Rs. 260/- per month in quite right. In view of this, I pass the following order : - The impugned order is set aside. I hold that the Petitioner has rightly valued the suit for possession for the purpose of Court fees and jurisdiction at Rs. 39,000/- and Rs. 300/- for claim of permanent injunction. The Chamber Summons No.808/1996 is granted in terms or payer (a ). The prayer (a) of the Chamber Summons runs as under : " a)As directed by this Hon'ble Court on 2nd day of July, 1996 I Plaintiff may be allowed to amend the Plaint as per the Schedule annexed hereto" Amendment to be carried out within 2 weeks and court fees to be paid accordingly within 2 weeks from the date of the receipt of the writ of this Court. Petition disposed of accordingly. No order as to costs. Application allowed. _____________ .