suit 'for possession' and a 'suit for
""._vej'eC'tment', a suit for ejectment in the context ... such a suit cannot be termed has'~._aCf_suit "for
'ejectment' and since a suit for§pos_s'esVsior1i
legislature in keeping out a suit for possession or interest in such property but permitting a suit for ejectment under the categories stated ... damages has held that suit would not be maintainable before Small Causes Court but a suit for ejectment only would be maintainable and written statement
filing an appropriate suit before the City Civil Court which alone can entertain such suits even if bare ejectment or ejectment and arrears of rent ... Court Fee and Suits Valuation Act, 1958 which reads as under:
41. Suits between landlord and tenant-
(1) In the following suits between landlord
time the suit becomes a cognizable by the Court of Small Causes. He therefore, contended that where a suit for ejectment is filed ... decided and that as in the present case, the suit was a suit for ejectment of the tenant the Civil Court had no jurisdiction
ejectment suit filed by the first
respondent. The said suit is transferred to the Court
4
where the present partition suit is pending
consideration. After ... present
petitioner is deliberately seeking clubbing of ejectment
suit along with partition suit. The ejectment suit is
filed by the first respondent based
under:
Plaintiff had filed a small cause suit against
defendant for ejectment from suit schedule property in
original S.C.No.1869/2003. Plaint ... Small Causes Court, a suit for
recovery of possession of
immovable property does not
include a suit for ejectment as
such, a suit for ejectment
defendants in the suit. Learned counsel would
point out that the present plaintiffs cannot maintain a suit for
ejectment without impleading other co-owners. Referring ... suit which was
filed on 09.08.1995 was a premature suit. Though the suit
was found to be prematurely instituted by the landlord seeking
ejectment
plaintiffs or by their vendors is
not fatal to the ejection suit.
43. The next question that falls for my consideration is
whether the suit ... purchased the
suit schedule property for their bonafide use and occupation,
they cannot be precluded from filing a fresh suit for
ejectment. There
arguments in the said suit are
being heard, the fate of the said suit will undoubtedly
affect the present ejectment suit filed by the
Respondent ... ejectment suit and therefore, if
the present petitioner-M/s.Deen Perfumery Company
succeeds in the suit for specific performance naturally
the ejectment suit filed
suits for ejectment is not maintainable as
the relief for ejectment was valued below Rs.3,00,000/- in all
the suits. The trial Court ... cognizance
of the suits for ejectment depends upon the valuation of the
relief of ejectment and the relief of ejectment is with regard
