SHETKARI SAHAKARI SANGH LIMITED Vs. RAMESH @ RAMCHANDRA MORE

JUDGEMENT

(1.) Rule, made returnable forthwith and heard finally with the consent of the learned counsel for the parties. Mr. Gangapurwala, learned counsel waives notice for Respondent sole.

(2.) By way of present Writ Petition, the Petitioner takes an exception to the order passed by the learned Civil Judge, Junior Division, Pachora dated 10/11/2005 thereby rejecting the application filed by the present Petitioner under Section 9 A of the Code of Civil Procedure.

(3.) The present Respondent/ Plaintiff has filed Suit for possession against the present Petitioner/ Defendant on the ground that the Defendant has violated the terms of the registered lease deed and also notice was issued terminating the tenancy. Since the Defendant did not vacate the premises, relief of possession was claimed in the said Suit. Since according to the present Respondent/ Plaintiff the Suit is for possession simplicitor between the tenant and the landlord, the Court Fees was payable as per the provisions of Section 6 (12) of the Bombay Court-fees Act. The present Petitioner/ Defendant has filed an application under Section 9A of the Code of Civil Procedure submitting therein that the Suit was not properly valued and as such the issue regarding valuation of the Suit should be determined as preliminary issue. The said issue is decided vide impugned order dated 10/11/2005 by the learned trial Court observing that the said Suit was between landlord and tenant and therefore it was rightly valued. Being aggrieved by the said order, present Writ Petition is filed.