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DELHI HIGH COURT
RAJIV SAHAI ENDLAW
Laxmi Narayan – Appellant
Versus
Navneet – Respondent
JUDGMENT
1. The plaintiff has sued for a) specific performance of an Agreement of Sale of one room set on the ground floor of property bearing No.1954, Gali Neela Wali, Gali Arya Samaj, Bazar Sita Ram, Delhi-110006 for a sale consideration of Rs.4,50,000/-; and, b) for permanent injunction restraining the defendants from selling or transferring the said one room set agreed to be sold to the plaintiff to anyone else and from dispossessing the plaintiff therefrom.
2. The suit for the relief of specific performance of an agreement, for the purposes of court fees, as per Section 7(x) of the Court Fees Act, 1870 is to be valued according to the amount of the consideration and the valuation thereof for the purpose of jurisdiction, as per Section 8 of the Suits Valuation Act, 1887, is to be the same as for the purpose of court fees. Thus the valuation of the suit for the relief of specific performance of the Agreement of Sale, for the purpose of court fees and jurisdiction is Rs.4,50,000/-.
3. Para no.12 of the plaint with respect to valuation of the reliefs claimed therein, is however as under:
"12. That the value of the suit for the purposes of jurisdiction is more than Rs.1 crore
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