( 1 ) ONE Shiv Pershad Gupta was the tenant of shop No. 285 (old) 625 to 632 (new) in Chandni Chowk, Delhi at a monthly rent of Rs. 270. 00. He died on July 30, 1968, leaving behind him a widow, two sons and two daughters.

( 2 ) THE landlord Mohan Lal Goela on November 2, 1968 brought a suit for possession and mesne profits in the court of the Commercial Sub Judge against Anchibai the widow of Shiv Pershad Gupta, his two sons Sri Kishan and Shiv Shankar and his two daughters. While the suit was pending in the court- of the Commercial Sub Judge Anchi Bai died on September 15,1974- The plaint was amended. Her name was deleted from the array of parties. The suit continued against the sons and E daughers of Shiv Pershad the original tenant.

( 3 ) THE defendants raised the objection regarding the valuation of the suit. Finally the parties agreed that the valuation of the property be fixed at Rs. 51,000. 00. The court accordingly made an order fixing - Rs. 51,000. 00 as the valuation of the suit for purposes of court-fee and jurisdiction. This was beyond the pecuniary jurisdiction of that court. On December II, 1972, the court returned the plaint. On that very date th