STEELCO SYNDICATE Vs. SASHI PRASAD GOENKA

JUDGEMENT

(1.) This appeal is at the instance of a defendant in a suit for eviction and mesne profit and is directed against an order dated 4th October, 2010 passed by a learned Single Judge of this Court by which His Lordship dismissed an application filed by the defendant for returning the plaint to be presented in the Court of competent pecuniary jurisdiction on the allegation that on the face of the averments made in the plaint the suit was overvalued.

(2.) Being dissatisfied, the defendant has come up with the present appeal. There is no dispute that the appellant before us was a tenant under the plaintiff in respect of the suit property at a monthly rental of Rs.60,000/- and such tenancy is governed by the provisions of Transfer of Property Act.

(3.) The plaintiff filed a suit for recovery of possession and mesne profit against the defendants. According to the plaintiff, the tenancy of the defendant No.1 expired on efflux of time on 31st May, 2008 and although the plaintiff was not obliged to give any notice to quit, by its three letters dated 29th May, 2008, 8th July, 2008 and 1st August, 2008, respectively, the plaintiff called upon the defendants to vacate the said flat and demanded mesne profit of Rs.3 lac a month. The plaintiff alleged that from 1st June, 2008 the defendants were in wrongful and unauthorized occupation of the suit flat without paying any occupation charges. It was further asserted that from 1st June, 2008 the defendant was liable to pay a sum of Rs.3 lac a month as mesne profit.