URVASHI BAI SHARMA Vs. INDUMATI SHARMA

JUDGEMENT

(1.) Challenge in this appeal is to the order dated 11.02.2014 passed in Civil Suit No.21-A/2012 by the learned Additional District Judge, Mungeli, wherein, the Court of Additional District Judge has ordered for return of the plaint on the ground that the valuation of jurisdiction of Rs. 12 Lacs has not been properly explained and held that on calculating the land revenue of the disputed property i.e. 20 times of the land revenue, it comes to Rs.96/- which is less than paid Court fees of Rs.500/- each for declaration and injunction. Consequently, the Court has held that the Court of Additional District Judge does not have jurisdiction to entertain the suit and has ordered for return the suit to file in the proper Court of Civil Judge.

(2.) The relevant facts and averments in the plaint are that a suit is filed by one Smt. Urvashi Bai Sharma, widow of Ishwar Prasad and Ashok Sharma against Smt. Indumati Sharma, Ramadhar Sharma, Ramsahay Sharma & Parmeshwar Sharma. The plaintiffs and defendants have shown to be relative and the property is claimed through one Ishwar Prasad, who died on 20.05.1994. The suit property is described in Schedule 'A' of the plaint. It is stated that in respect of the suit property, the plaintiffs are in possession and since after death of Ishwar Prasad, the name of the plaintiff alongwith her daughters were recorded in revenue records by an order passed in Revenue Case No. 104 A-6/1994-95. It is pleaded that subsequently, the defendants also got their name recorded in respect of such land and alongwith it the names of the daughters of the plaintiff were deleted. Therefore, the suit for declaration and permanent injunction was sought for.

(3.) The cause of action stated to arose on 28.05.1994 when the defendants filed an application before the Tahsildar and got their name recorded and subsequently it is pleaded that when the name of four daughters of the plaintiff were deleted on 20.09.2009 and lastly on 28.11.2011 when an application was filed before the Tahsildar, Mungeli, for partition of the said land. In the said plaint on the basis of aforesaid pleading, declaration was sought for that the property described in Schedule 'A' be declared as joint property and the plaintiffs are in possession thereof. Perusal of plaint averments shows that declaration was sought for under Article 17 of the Court-fees Act and fixed Court fees of Rs.500/- was affixed. Further for permanent injunction fixed Court fees of Rs.500/- was affixed.