JUDGMENT

Arindam Mukherjee, J. - In a suit for eviction wherein the plaintiffs case is that tenancy is governed under the provisions of the Transfer of Property Act, 1882, the defendant has taken out an application for rejection of plaint and / or dismissal of the suit on the ground that the estimate of mesne profit made by the plaintiff and included in claim for computing the suit value is excessive. This has been purposely done to invoke the pecuniary jurisdiction of this Court.

2. In a suit for recovery of possession by a landlord against his/her tenant, the plaintiff can for the purpose of valuation include therein mesne profits and arrears of rent apart from the rent for the year next before the date of presenting the plaint. The valuation of the plaint, therefore, can include Rs.2,63,952/- along with mesne profit and arrears of rent, if any. The estimate of plaintiff's mesne profit is Rs.25,000/- per diem which works out to Rs.10,50,000/- for the period from 22nd April, 2016 to 2nd June, 2016, as mentioned in paragraph 17 of the plaint. There are no arrears of rent and, as such, the suit can be valued at Rs.13,13,952/-, even if interest charged by the plaintiff is excluded. Th