AIR 2016 DELHI 186 ::2016 (5) ADR 689

Delhi High Court

Hon'ble Judge(s): Rajiv Sahai Endlaw , J

(A) Commercial Court, Commercial Division and Commercial Appellate Division of High Courts Act (4 of 2016) , S.2(1)(c)(vii)— Pecuniary jurisdiction of High Court - Transfer of matter having less valuation - Determination of specified value - Suit by landlord for recovery of possession of immovable property - Value is according to amount of the rent payable for year next before date of presenting plaint and not market value of property - Thus plea that market value of rented property is more from 1 crore and hence suit is not liable to be transferred - Liable to be rejected - Further, plaintiff, without pleading that the transaction from which dispute subject-matter of suit arises, relates to immovable property used exclusively in trade or commerce, cannot seek for the suit to remain in Court by labelling it as a commercial dispute. Court-fees Act (7 of 1870) , S.7(iv)— By a statutory fiction created by Section 7(iv) of the Court Fees Act, the value of the immovable property for the purposes of recovery of possession thereof from a tenant is not its market value but its rental value for the year next before the date of presenting the plaint. The reason therefor is not difficult to understand. The owner/landlord of a immovable property, for the relief of eviction of a tenant paying or who had agreed to pay, not the market value of the property, ....