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1990 Supreme(Bom) 55

H.SURESH
Maria Phitomina Pereira – Appellant
Versus
Rodrigues Construction – Respondent


JUDGMENT - H. SURESH, J.:---This is an appeal by the original plaintiff. She filed a suit being Short Cause Suit No. 3230 of 1989, in the Bombay City Civil Court, at Bombay, apparently, for specific performance of an agreement dated 21-2-1983 together with the agreement dated 4-8-1980 and sought a decree for possession of a flat bearing No. 11, on the first floor of the building known as Mary Apartments, situated at Borivali, Bombay.

2. The consideration mentioned in the agreement is about Rs. 87,000/-. When the plaintiff took out a notice of motion for interim reliefs, the defendants contended that the Court had no pecuniary jurisdiction to entertain and try the suit. Naturally, the learned Judge had to decide that question under section 9-A of the Code of Civil Procedure. The learned Judge, by his judgment and order dated 17-7-1989 held that the Court has no jurisdiction and the plaint was ordered to be returned to the plaintiff for being presented before the proper Court. This appeal is against this judgment and order.

3. The plaintiff has contended in the plaint that the present suit has been filed by the plaintiff to enforce the obligations on the part of the defendants under th









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