TAPAN KUMAR RAI Vs. ASHOK KUMAR RAI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 28. 02. 1997 passed in Civil Suit No. 90a/1995 by the 12th Civil Judge, Class-2, Raipur granting relief of possession of the suit shop to the non-applicant/plaintiff herein in a suit under Section 6 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act, 1963'), the applicant/defendant has preferred this Civil Revision as no appeal lies under section 6 (3) of the Act, 1963.

(2.) BRIEF facts are that the non-applicant/plaintiff filed a Civil Suit before the 12th Civil Judge Class-II, Raipur, on 20. 08. 1992 under Section 6 of the Act, 1963 against the applicant/defendant for recovering possession of the suit shop situated at Kalibadi Chowk, raipur and shown by red ink in the plaint map, on the ground of forcible and unlawful dispossession by the applicant/defendant on 10. 03. 1992. For purposes of pecuniary jurisdiction, the suit was valued at Rs. 10,100/ -.

(3.) THE applicant/defendant resisted the suit on the ground that his wife Smt. Mamta Rai was the owner of the suit shop and the allegation of forcible dispossession of the non-applicant/plaintiff on 10. 03. 1992 was false. An objection to the valuation of the suit was also taken to the effect that the non-applicant/plaintiff ought to have valued the suit at the market value of the suit shop which ranged from rs. 75,000/- to Rs. 1,00,000/-, in which case the suit would have been beyond the pecuniary jurisdiction of the Court.