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Hiralal D. Nanavati Vs. Kasturbhai Manibhai Nagarseth and ors. - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported in67Ind.Cas.938
AppellantHiralal D. Nanavati
RespondentKasturbhai Manibhai Nagarseth and ors.
Excerpt:
civil procedure code (act v of 1908), section 110 - appeal to privy council--suit to eject tenant of house--value of suit, method of computing. - 1. we think that in this case a certificate to appeal to his majesty's privy council most be granted. the plaintiffs seek to eject their tenant in order that they may occupy the premises themselves, while the tenant seeks the protection of the bombay rent act. the decree, therefore, allowing possession of the tenancy involves directly a claim or question to or respecting property over rs. 10,000, as the monthly rent of the premises is rs. 275 and capitalised at twenty years purchase the value of the property will be over rs. 10,000.2. costs to be costs in the appeal.
Judgment:

1. We think that in this case a certificate to appeal to His Majesty's Privy Council most be granted. The plaintiffs seek to eject their tenant in order that they may occupy the premises themselves, while the tenant seeks the protection of the Bombay Rent Act. The decree, therefore, allowing possession of the tenancy involves directly a claim or question to or respecting property over Rs. 10,000, as the monthly rent of the premises is Rs. 275 and capitalised at twenty years purchase the value of the property will be over Rs. 10,000.

2. Costs to be costs in the appeal.


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