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1968 Supreme(Bom) 74

J.L.NAIN
SHOBHA VENKAT RAO – Appellant
Versus
K. R. MAHALE – Respondent


JUDGMENT-This is an appeal against an order dated August 19, 1965, passed by a Judge of the Bombay City Civil Court, holding that the value of the subject-matter of the suit was over Re. 25,000 and the Court therefore had no pecuniary jurisdiction to try the suit and ordering that the plaint be returned to the plaintiff for presentation to the proper Court.

2. The plaintiff claims to be a license of a restaurant known as Meenakshi Bhuvan and lately known as Central Cafe Udipi, situated in Vishwas Bhuvan, King Edward Road, Parel, Bombay. She appears to have granted a sub-licence in respect of this restaurant to defendant No.1 who was running it with the assistance of defendant No.2. The plaintiff claims to have terminated the license of defendant No. I on the ground that he had committed breach of the terms of the sub-licence. She, therefore, filed the present suit against defendants Nos. 1 and 2 only for recovery of possession of the said restaurant and a sum of Rs. 3,500 as arrears of license fees and future mesne profits. She filed the suit on March 3, 1959. In the suit she took out a notice of motion and got an interim order for appointment of receiver. When the receiver went to








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