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1998 Supreme(Del) 431

B.GOEL
CHAND BAL – Appellant
Versus
KAMAL KUMAR – Respondent


Advocates Appeared:
ASHIMA GUPTA, R.L.Kohli

J. B. Goel, J.

( 1 ) I have heard learned Counsel for the plaintiff on the question whether the suit has been properly valued for purposes of Court fee and jurisdiction at the admission stage.

( 2 ) THE case is that late Shri Des Raj was a tenant in respect of shop No. 2372, Chuna Mandi, Paharganj at a monthly rent of Rs. 22. 00 under deceased Shri Makhan Lal and defendants 1 and 2 as his sons. Shri Des Raj died as a contractual tenant and the tenency was inherited by the plaintiffs as tenants. It is alleged that Shri Makhan Lal had filed petition for eviction. That petition was dismissed on 21. 4. 1998.

( 3 ) DEFENDANTS No. 1 and 2 arc alleged to have sold the said property to defendant No. 3 who is threatening to illegally dispossess the plaintiffs from the suit premises and accordingly the plaintiffs have filed this suit for perpetual injunction restraining the defendants from so dispossessing the plaintiffs.

( 4 ) THE suit for purposes of Court fee and jurisdiction has been valued at Rs. 5,05,000. 00. I haye heard learned Counsel for the plaintiff about this valuation and under which provision the suit has been valued. Learned Counsel contended that the suit has been valued und







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