- (1.) By this motion the defendant has sought inter alia an order for return of the plaint filed in this suit and for stay of all proceedings until disposal on the ground that this Court lacks pecuniary jurisdiction to entertain this suit.
(2.) The success or failure of the defendant on its motion really depends on the construction of the relevant provisions of the West Bengal CourtFees Act, 1970 ("the said Act" for short) for determining the question as to whether or not this Court has pecuniary jurisdiction to entertain this Suit. The relevant provisions of the said Act as amended by the 1974 Amendment Act are set out hereunder for convenience. "7. (vi) For recovery of possession of immovable property.-- In a suit for recovery of possession of immovable property from-(a) a trespasser, where no declaration of title to property is either prayed for or necessary for disposal of the suit - according to the amount at which the relief sought is valued in the plaint subject to the provisions of section 11;" "7. (xiii) In the following suits between landlord and tenant -(a) to (c)xxxxxxxxxxxxxxxxxxxx xxxxx(d) for the recovery of immovable property from a tenant including a tenant holding over after 7 the determination of a tenancy,(e) to (g) xxxxxxxxxxxxxxxxxxxx xxx according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint." " 11. If the Court is of opinion that the subjectmatter of any suit has been wrongly valued, it may revise the valuation and determine the correct valuation and may hold such inquiry as it thinks fit for such purpose."
(3.) It is well-settled that as no rules have been framed by the State Government under S. 3 of the Suits Valuation Act, 1887 the value as determined by the aforesaid provisions of the said Act in respect of suits falling within the categories specified therein determines the pecuniary jurisdiction of this Court to entertain, try and determine such suits;