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1974 Supreme(All) 138

M.P.MEHROTRA
Radha Charan Das – Appellant
Versus
Mohini Behariji Maharaj – Respondent


Advocates:
D. Sanyal, for Applicant; J.N. Chatterji, for Opposite Parties.

Judgement

ORDER :- This revision is directed against the judgment of the lower appellate Court whereby the said Court allowed an appeal and set aside the order passed by the trial Court. The trial Court by its order dated(?) returned the plaint for presentation to the proper Court holding that it had no jurisdiction to try the suit as the same was beyond its pecuniary jurisdiction. The lower appellate Court held that the suit was within the pecuniary jurisdiction of the trial Court and, therefore, set aside the order passed by the trial Court and directed that the plaint be retained and the suit be tried by it.

2. The brief facts are these. The plaintiffs filed the suit against the defendant seeking the relief of mandatory

injunction removing the defendant from the Tattisthan and a prohibitory injunction was also claimed that he

should not frequent the said Tattisthan and should not interfere with the management of the same and the other

properties connected therewith. These reliefs were claimed in Cl. (a) of the reliefs claimed in the plaint. In clause

(b) of the reliefs claimed in the plaint, the plaintiff sought that if in the opinion of the Court it was necessary,

then the possession













































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