SANDEEP V. MARNE
Saraswatibai Bishwambarlal Charity Trust, Thr. Sudarshan Malpani – Appellant
Versus
Gopal Traders Pvt. Ltd. – Respondent
The judgment primarily addresses the issue of proper valuation of a suit for the purpose of jurisdiction and court fees. It clarifies that when a suit involves challenging or avoiding a deed related to immovable property, especially one executed for valuable consideration, it must be valued under the specific provisions that deal with the avoidance of sale or transfer of property. This includes suits seeking declarations that such deeds are illegal or not binding, which are to be valued based on the value of the property or the consideration involved. The Court emphasizes that the valuation should reflect the nature of the relief sought, particularly when the suit involves a declaration of rights or avoidance of transactions like sales or agreements affecting immovable property.
It further explains that easements, while rights attached to property, do not constitute ownership or transfer of ownership in the land itself, and therefore suits related to easements are to be valued differently, often under provisions specific to declarations of rights or easements. The Court also affirms that the valuation accepted by relevant authorities, such as stamp duty assessments, can be used for determining jurisdiction if no other material suggests a different valuation.
Overall, the judgment underscores the importance of correctly classifying the nature of the suit and applying the appropriate valuation provisions to determine jurisdiction, and it supports the approach of accepting valuation based on the value assigned in relevant legal documents or assessments, provided it aligns with the relief sought.
JUDGMENT :
THE CHALLENGE
1. This Appeal is filed challenging the order dated 12 October 2022 passed by the learned Judge, City Civil and Sessions Court, Greater Mumbai allowing Notice of Motion No. 1797/2021 filed by the Defendant under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (the Code) returning the Plaint to be presented before this Court. The Plaint is returned essentially on the ground that the same does not fall within the pecuniary jurisdiction of the City Civil Court.
FACTS :
2. The Appellant-Plaintiff is a Trust and Plaintiff Nos.1 to 6 are its Trustees. The Trust apparently owns land bearing C.T.S. No. 2/583, Jagmohandas Marg, Nepean Sea Road, Mumbai-400026 (suit land). Defendant owns a Plot adjoining the suit land and the Defendant has been granted easementary right to approach his land from the suit land owned by Plaintiffs. Plaintiff got aggrieved by the act of the Defendant in commencing construction on the Trust property and accordingly instituted S. C. Suit No. 112 of 2021 before the City Civil Court seeking inter alia prohibitory injunction against the
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