MONOPOLY MERCANTILE PRIVATE LIMITED Vs. AL BURHAN ENGINEERING COMPANUY PRIVATE LIMITED
HIGH COURT OF CALCUTTA
Monopoly Mercantile Private Limited
Al Burhan Engineering Companuy Private Limited
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Sabyasachi Bhattacharyya,J. -
(1.) The defendant in an eviction suit under the West Bengal Premises Tenancy Act, 1997 has preferred the instant revisional application against an order of refusal of the defendant's prayer for return of plaint, wrongly captioned to be under Order VII Rule 11 of the Code of Civil Procedure, by the trial court.
(2.) The learned advocate appearing on behalf of the defendant/petitioner argues that the plaintiff overvalued the suit and resorted to forum-shopping by approaching the City Civil Court at Calcutta instead of the Small Causes Court at Calcutta, thereby depriving the petitioner of a forum of appeal.
(3.) It is argued by the learned advocate for the petitioner that the suit was primarily for recovery of possession under the 1997 Act and, as such, ought to be valued according to the provisions of Section 7(xiii)(d) of the West Bengal Court-fees Act, 1970. It is submitted that clause (xiii) of the said Section contemplates in an omnibus manner all disputes between the landlord and tenant and, as such, also included a suit of the present nature, which also incorporated reliefs of mesne profits and arrears of rent along with ejectment. Accordingly, it is submitted that the trial court ought to have returned the plaint to be filed before the proper forum.;
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