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1988 Supreme(Bom) 25

P.B.SAWANT, B.G.KOLSE PATIL, G.H.GUTTAL
Prem Ratan Vohra – Appellant
Versus
Lalitkumar Dayalji Lakhani – Respondent


JUDGMENT - P.B. SAWANT, J.:---This is a Reference to the Full Bench for answering two questions of law, namely how should the market value of the suit property be arrived at for the purposes of jurisdiction of the Court-whether by valuing it on the basis of the valuer's report or on the basis of the compensation or rent that is charged to the occupant, and if it is the latter, what should be the multiplier of the compensation or rent which should determine the value.

2. The facts which have given rise to the questions, are as follows :

The petitioner before us is the defendant-licensee in the suit filed by the respondent, who is the tenant-licensor of the suit premises. The suit apremises measure 620 square feet and are situate on the first floor of Municipal House No. 22, Police Court Lane, Fort, Bombay. By a leave and licence agreement of October 5, 1967 the respondent created a licence in favour of the petitioner for a period of 11 months at the monthly compensation of Rs. 450/-. The agreement also mentioned that the defendant was given the use also of the property mentioned in the Schedule annexed to the agreement. The property so mentioned in the Schedule consisted of three rac






















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