VidhiSangh

Supreme Court of India · 16/06/2022

BHARAT BHUSHAN GUPTA versus PRATAP NARAIN VERMA & ANR

[2022] 7 S.C.R. 1156 · 2022 INSC 649

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Summary

The owner of a 252 sq yard plot in Uttam Nagar, Delhi sued his brother and the brother's munshi, whom he had admitted as gratuitous licensees of a tin-shed, for mandatory injunction to remove themselves and their belongings after termination of the licences, prohibitory injunction and damages, valuing each injunction relief at Rs 250 and damages at Rs 1 lakh. When the plaintiff said in cross-examination that the property was worth about Rs 1.8 crore, the contesting defendant applied under Order VII Rule 11 CPC for rejection of the plaint for want of pecuniary jurisdiction. The trial court dismissed the application but the Delhi High Court, finding the valuation 'wholly arbitrary' in light of the market value, ordered return of the plaint. The Supreme Court set the High Court's order aside.

Issues

  1. Whether a suit for mandatory injunction directing licensees to remove themselves after termination of licence, with prohibitory injunction and damages, must be valued for court fees and jurisdiction at the market value of the immovable property, or at the plaintiff's valuation of the relief under Section 7(iv)(d) of the Court Fees Act, 1870.
  2. Whether a plaint can be ordered to be returned under Order VII Rule 11 CPC on the strength of the plaintiff's statement in cross-examination about the market value of the property.

Provisions considered

Held

Result

Appeal allowed; the Delhi High Court's order of 18.03.2019 in CM(M) No. 961 of 2018 directing return of the plaint set aside and the trial court's order of 11.07.2018 rejecting the Order VII Rule 11 application restored; merits left open in the pending first appeal against the decree. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 1156.