MANOHAR LAL MALHOTRA Vs. PREMLATA MALHOTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 20.9.1996 passed in Suit No.1296/1993 by the court of Shri B.S.Mathur, Addl. District Judge whereby a decree for recovery of possession in respect of a portion of property No.7/32, Old Rajinder Nagar, New Delhi apart from Rs.54,000/- on account of mesne profits and future mesne profits was passed.

(2.) The respondent/plaintiff filed the suit claiming to be the owners of the suit property and alleging the appellant/defendant to be a trespasser. In defence the appellant pleaded to be the co-owner of the property. He also raised objections regarding the valuation of the suit property and the pecuniary jurisdiction of the court. The Additional District Judge, inter alia, held that the value of the suit property is Rs.90,000/-. The respondent/plaintiff had assessed the value of the suit property at Rs.45,000/- only. Therefore, the respondent/plaintiff was directed to pay the deficient court fee. The issues regarding the title of the defendant and entitlement of the plaintiff to damages were all decided in favour of the respondent/plaintiff and the suit was decreed for possession as well as for mesne profits amounting to Rs.1,500/- per month with effect from 1.7.1991 till realisation of possession. An inquiry under Order 20 Rule 12 was also permitted.

(3.) Although several grounds for challenging the impugned judgment has been mentioned in the memo of appeal, at the time of hearing the only ground taken up is that of valuation of the suit property and the connected question of pecuniary jurisdiction of the Additional District Judge. The present judgment will, therefore, be limited to only considering this limited issue.