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Smt. Anila Sharma vs Ms. Shiksha Rathore on 24 December, 2024 cites

Bharat Bhushan Gupta vs Pratap Narain Verma on 16 June, 2022

96. Therefore, the market valuation of the suit property or val- uation of the suit property at the circle rate does not become deci- sive in the valuation of the present suit for mandatory injunction and damages/mesne profit. The valuation of the present suit has to be decided on the basis of reliefs of mandatory injunction and damages/mesne profit and as held by the Hon'ble Supreme Court in the aforesaid judgment of Bharat Bhushan Gupta (supra) a suit for mandatory injunction is not required to be valued at the mar- ket value of the subject property. Thus, the reliefs in the present suit have been properly valued for the purpose of court fees and jurisdiction and proper court fees has been paid on the relief of mandatory injunction as prayed in the present suit. Accordingly, issue no. 3 and 6 are decided against the defendants and in favour of the plaintiffs.
Supreme Court of India Cites 16 - Cited by 13 - D Maheshwari - Full Document

Vimal Chand Ghevarchand Jain & Ors vs Ramakant Eknath Jajoo on 23 March, 2009

In this connection, it also pertinent to refer to the judgement of the Hon'ble Supreme Court of India in Vimal Chand Ghevarchand Jain & Ors. Vs. Ramakant Eknath Jajoo, reported as MANU/SC/0441/2009 relied upon by the plaintiffs, the Hon'ble Supreme Court observed that in the case of the deed of sale being a registered one and apparently containing stipulations of transfer of right, title and interest by the vendor in favour of the vendee, the onus of proof was upon the defendant to show that the said deed was, in fact, not executed or otherwise does not reflect the true nature of transaction. In this judgement, the Hon'ble Supreme Court further observed as under:
Supreme Court of India Cites 12 - Cited by 142 - S B Sinha - Full Document
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