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1957 Supreme(Bom) 219

J.C.SHAH, B.N.GOKHALE
Chhotalal Kalidas – Appellant
Versus
Laxmidas Mayaram and others – Respondent


JUDGMENT - SHAH, J. :

The plaintiffs filed Suit No. 2435 of 1954 in the City Civil Court at Bombay claiming the following reliefs : —

" (a) That it may be declared that the alleged sale by the 1st defendant in favour of the 2nd defendant purported to have been effected at the auction held on the 11th October 1954 is illegal, void invalid ineffective, bad in law and not binding upon the plaintiffs by reason of the premises mentioned in the plaint and that the same be set aside.

(b) That the 1st defendant be permanently restrained by an Order and Injunction of this Honourable Court from proceeding further with the completion of the alleged sale and conveying the said properties in favour of the 2nd defendant and that the 2nd defendant be also restrained by an Order and Injunction of this Honourable Court from completing the alleged sale and having the said properties conveyed in his favour." The plaintiffs valued the claim for Court-fee and jurisdiction at Rs. 420. The defendants contended that the City Civil Court had no jurisdiction to entertain the suit. They contended that the jurisdiction of the City Civil Court being limited to Rs. 25,000, the City Civil Court was incompetent ha








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