The valuation of a suit for court fees and jurisdiction should be determined based on the value determined for computation of court fees, and the civil court is empowered to grant relief of perpetual and mandatory injunction under the Specific Relief Act, 1963.

JUDGMENT :

Vivek Rusia, J.

Heard through video conferencing.

Mr. Pankaj Kumar Sohani, learned counsel for the petitioner.

Applicants/defendants have filed the present revision being aggrieved by the order dated 12/9/2020 passed by 1st Civil Judge, Class I, Khargone whereby the application filed under Order 7 Rule 11 CPC has been dismissed.

Facts of the case in short are as under:

1. The respondent/plaintiff has filed the suit for a permanent injunction against the applicants/defendants. According to the plaintiffs, defendants are the owner of land Survey No. 20/1/2 area 1.923 hectare, Survey No. 20/4 area 1.012 hectare, survey No. 20/5 Area 1.011 hectare total 3.946 hectares situated at Gram Sukhpuri Tehsil Khargone (in short 'suit land'). A Development agreement dated 30/4/12 was executed between plaintiff and defendants for the development of the suit land. As per terms and conditions of the agreement, the right to sale of 30% of the developed plot was given to the defendants and right to sale plots of remaining part of the land was retained by the plaintiff. Thereafter plaintiff applied for diversion before the SDO and order of diversion was passed on 22/9/2012. Thereafter Director Town & Country Planning granted development permission on 4/6/2012. The plaintiff has completed all the development work and applied before the Collector for obtaining a completion certificate, which has been issued to the plaintiff on 22/11/2019. As per the condition of the agreement, plaintiff has paid Rs. One Crore by way of security to the defendants. As per condition No. 31 of the 12 of the agreement defendants are entitled to sale the land to the extent of 31% with the prior consent of the plaintiff, but the plaintiff came to know that the original owner of the land Dinesh, Minakshi and Aman are going to sale the plots without consent of the plaintiff, therefore, cause of action has accrued for filing the suit for a decree of the permanent injunction. The relief claimed in the plaint is reproduced below:

¼d½ ;g fd xzke lq[kiqjh] iVokjh gYdk uEcj 41] rglhy [kjxksu fLFkr Hkwfe losZ Øekad 20@1@2 jdck 1-923 gsDVs;j losZ Øekad 20@4 jdck 1-012 gsDVs;j] losZ Øekad 20@5 jdck 1-011 gsDVslj dqy jdck 3-946 gsDVs;j Hkwfe ij fodflr dkWyksuh esa foØ; ls 'ks"k jgs Hkw[k.Mksa dk varj.k Áfroknhx.k] oknh dh lgefr ds cxSj u djs] u djkos] mls vU; fdlh Ádkj ls foØ; gsrq vuqcaf/kr u djs] u djkos] mls vU; fdlh Ádkj ls foØ; gsrq vuqcaf/kr u djs] Hkkfjr u djs] cksf>r u djsa bl vk'k; dh LFkkbZ fu"ks/kkKk ÁkIr djukA

¼[k½ bl okn dk lEiw.kZ O;; Hkh oknh dks Áfroknhx.k ls fnyok;k tkosA

¼x½ vU; lgk;rk] tks ekuuh; U;k;k;y mfpr le>s og Hkh oknh dks Ánk; dh tkosA

2. After receipt of the notice the defendants admitted and filed an application under Or. 7 R. 11 CPC seeking rejection of the plaint on the ground that plaintiff has neither properly valued the suit nor paid the adequate amount of court fees therefore the suit is liable to be rejected. The defendants has also raised the issue of pecuniary jurisdiction of the civil court to decide the suit. The plaintiff filed a reply opposing the application and vide order dated 12/9/20 the Court has rejected the application, hence present revision before this court

3. Mr. Sohani, learned counsel for applicants submits that court below has erred in law while appreciating provisions of Or. 7 R. 11 CPC. The learned court has travelled beyond its jurisdiction while rejecting the application. The suit claiming relief of permanent injunction is not maintainable without seeking relief of declaration of title. Admittedly, the plaintiff is not the owner of the title and more so he is not claiming such title therefore he is not entitled to seek relief of permanent injunction, hence the suit is not maintainable. Learned counsel further submitted that market value of 3.946-hectare suit land would be in crores as the value of 1000 sq. ft. plot is Rs. 4,47,000/- therefore the plaintiff is required to value his suit as per the market value of the land to