- (1.) The moot question that falls for determination in this appeal is: even if whether the alleged overvaluation of a suit can be taken as a defence in an application under Chapter XIIIA of the Original Side Rules of this Court.
(2.) A very brief resume of the facts necessary for appreciating the scope of the question is as follows:
(3.) In the year 1987 by a registered lease of a premises located at the Lindsey Street, Kolkata, measuring about 3,265 square feet the defendant/ appellant became monthly tenant under the plaintiff/ respondent at a monthly rental of Rs. 24,487.50. The lease deed which is annexed to the application for stay was for a period of for five years renewable at the option of the lessee-appellant upon notice to the lessor-plaintiff for a further period of five years on the same terms and conditions, except that the rent would be increased by 15 per cent. The lease deed also provided for a further extension of lease for another five years on the same terms and conditions. Upon the expiry of the first period of five years the appellant sought for an extension for five more years. The respondent declined to renew the same and issued a notice under Section 13(6) of the West Bengal Premises Tenancy Act, 1956 and Section 106 of the Transfer of Property Act. A suit for eviction was filed in the year 1992. In the year 2008 the suit was withdrawn with liberty to file another suit afresh and the present suit being C.S. No. 258 of 2008 was filed for recovery of vacant possession of the suit premises with mesne profits. Mesne profits were claimed for 110 days at the rate of Rs. 10,884/- per day aggregating to Rs. 11,97,240/-. The suit was valued at Rs. 14,91,090.;