BALMER Vs. THE BANK OF MAHARASHTRA

JUDGEMENT

(1.) 1. This is an application for dismissal of the suit and/or in the alternative, the plaint filed in the present suit be rejected and/or be taken off the file and/or the plaint be returned to the plaintiff for presentation before the appropriate Court.

(2.) It is the contention of the petitioner that the suit is essentially for eviction of the monthly tenant who is admittedly governed by the provisions of the West Bengal Premises Tenancy Act, 1956. This kind of suit should be valued not on the basis of the market value of the suit property but be computed at amount equivalent to 12 months rent. In this case the rate of rent is Rs. 31,842/- per month; the claim of arrears of rent as mentioned in the plaint is wholly incorrect as the defendant to the knowledge of the plaintiff has been depositing rent with the Rent Controller, since the plaintiff refused to accept the same. So the suit valuation on the basis of the alleged claim of arrears of rent cannot be entertained as factually being incorrect; as far as the mesne profit is concerned the same cannot be claimed and/or valued as the current rent is being deposited with the Rent Controller; there is no service of statutory notice under Sec. 13(6) of the West Bengal Premises Tenancy Act, 1956.

(3.) In this kind of action it is settled law that only the plaint has to be looked into. It appears from the plaint that the suit has been filed for eviction of the defendant being a monthly tenant on the ground of reasonable requirement, breach of condition of the tenancy, default in paying rent followed by notice to quit. In the plaint the valuation of the suit has been made in the manner as follows: