MAHARSHI COMMERCE LIMITED Vs. RAJIV R. BALANI

JUDGEMENT

(1.) This application is at the instance of the defendant in a suit for eviction and recovery of vacant and peaceful possession of the suit premises against the defendants brought by the plaintiff. The issue germane to this application is that this Court has no pecuniary jurisdiction to entertain the suit.

(2.) Mr. Rupak Ghosh, learned Advocate appearing for the defendant/petitioner at the outset invites my attention to paragraph 23 of the plaint to argue that for the purpose of jurisdiction and Court fees, the suit has been valued by the plaintiff at Rs.1,06,08,000/- being the market value of the premises and for mesne profit etc being sum of Rs.28,08,000/- from January 1, 2016 to December 31, 2019 only to create jurisdiction of this Hon'ble Court.

(3.) Crux of the argument as advanced by Mr. Ghosh is that the plaint is required to be rejected or dismissed by way of return of the plaint to the plaintiff for filing the same in the Court having competent jurisdiction because the suit is substantially for eviction against a tenant/sub-tenants. So, the suit should have been valued on the basis of rate of rent multiplied by 12 months of a year.