ARINDAM MUKHERJEE,J. - (1.) In a suit for eviction wherein the plaintiffs case is that tenancy is governed under the provisions of the Transfer of Property Act , 1882, the defendant has taken out an application for rejection of plaint and / or dismissal of the suit on the ground that the estimate of mesne profit made by the plaintiff and included in claim for computing the suit value is excessive. This has been purposely done to invoke the pecuniary jurisdiction of this Court.
(2.) In a suit for recovery of possession by a landlord against his/her tenant, the plaintiff can for the purpose of valuation include therein mesne profits and arrears of rent apart from the rent for the year next before the date of presenting the plaint. The valuation of the plaint, therefore, can include Rs.2,63,952/- along with mesne profit and arrears of rent, if any. The estimate of plaintiff's mesne profit is Rs.25,000/- per diem which works out to Rs.10,50,000/- for the period from 22nd April, 2016 to 2nd June, 2016, as mentioned in paragraph 17 of the plaint. There are no arrears of rent and, as such, the suit can be valued at Rs.13,13,952/-, even if interest charged by the plaintiff is excluded. The pecuniary jurisdiction of this Court can, therefore, be attracted since it is in excess of Rs.10 lakhs. The question then arises is whether the estimate of mesne profit for computing the suit value is arbitrary and absurd.
(3.) The suit property comprises of the 2nd, 3rd and 4th floors of premises no.16, Rabindra Sarani, Kolkata-700001 (hereinafter referred to as the "suit property".. The total area comprised in the suit property is 12,333 Sq. ft. The mesne profit estimated by the plaintiff is Rs.25,000/- per diem which comes to Rs.7,50,000/- per month. If one divides the said sum of Rs.7,50,000/- by the area of the suit property, i.e., 12,333 sq. ft., it comes to about Rs.60/- per sq. ft.;