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1950 Supreme(Bom) 127

M.C.CHAGLA
Ganesh Gopal – Appellant
Versus
Moreshwar Narayan – Respondent


JudgmentChagla, C.J.

1. A very interesting question arises in this Civil Revn. Appln. as to whether the suit filed is covered by Section 7 (v) or Section 7 (xi) (cc), Court-fees Act.

2. A few facts may be stated. Deft. 4 was a lessee of defts. 1, 2 3 under a lease dated 28-8-1941, expiring on 29-3-1949. Pending this lease the pltff. passed a rent note in respect of the same property to defts. 1, 2 3 on 9 1-1942, under this rent note he was to get the property from 30-3-1949. The rent fixed under this rent note was Bs. 800 for the first year the rent note was for ten years. As deft. 4 failed to vacate give possession to the pltff on 30-3-1949, the pltf. after giving notice both to his landlords defts. 1 to 8 to deft. 4, filed a suit on 12-4-1949. The pltff. valued the suit for o.-fs. for jurisdiction at Rs. 800 being the rent fixed under the rent note. It was contended by the defts. that the valuation for the purposes of jurisdiction was erroneous, that the learned Junior Civil Judge before whom the suit was filed had no jurisdiction the valuation for the purpose of jurisdiction being more than Rs. 10,000 the suit should be transferred to the Ct. of the Senior Civil J







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