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Supreme Court of India 2022-06-16 allowed

BHARAT BHUSHAN GUPTA vs PRATAP NARAIN VERMA & ANR

Bench: 2 — Dinesh Maheshwari, Vikram Nath

In Brief

The appellant sought mandatory and prohibitory injunction to evict defendants (who were licensees) from his property and recover damages, valuing the injunction reliefs at Rs. 250 each and damages at Rs. 1 lakh. The defendant challenged the suit's valuation during cross-examination, claiming the property's market value was Rs. 1.8 crores, placing it beyond the trial court's jurisdiction. The trial court rejected this objection, but the High Court allowed it. The Supreme Court held that suits for injunction under the Court Fees Act must be valued with reference to the relief sought, not the property's market value, unless objective standards exist. The plaintiff's valuation was not arbitrary and the suit was maintainable. The High Court's order was set aside.

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Civil Procedure Suit Valuation Court Fees Injunction License and Licensee Jurisdiction

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