PREM RATAN VOHRA Vs. LALITKUMAR DAYALJI LAKHANI

JUDGEMENT

(1.) This is a Reference to the Full Bench for answering two questions of law, namely how should the market value of the suit property be arrived at for the purposes of jurisdiction of the Court-whether by valuing it on the basis of the valuers report or on the basis of the compensation or rent that is charged to the occupant, and if it is the latter, what should be the multiplier of the compensation or rent which should determine the value.

(2.) The facts which have given rise to the questions, are as follows :

(3.) The Court framed a preliminary issue with regard to the jurisdiction, and by its order dated October 20, 1983 valued the suit premises at Rs. 45,720/- and held that the Court had jurisdiction to entertain and try the suit since in the meanwhile pecuniary jurisdiction of the Court was raised to Rs. 50,000/-. Since the plaintiff had valued the suit at Rs. 4,400/- on the basis of 100 times the rent of the premises as was the practice in the said Court and had paid Court-fees accordingly, the Court also directed the plaintiff to pay additional Court-fees on the basis of the said valuation of Rs. 45,720/-. It is this order which was impugned in Writ Petition No. 89 of 1984.