MOHAMMAD YASIN Vs. ABDUL KALAM

JUDGEMENT

(1.) The petitioner-herein had filed a suit for possession of a portion of a Dallan in premises bearing Municipal No. 857 Katra Hidu Farash Khana, Delhi. In the suit the petitioner had valued the same, for the purpose of court fee and jurisdiction, at Rs. 500.00 . Written statement was filed by the respondents in which one of the pleas which was raised was that the value of the property was more than Rs. 25,000.00 .

(2.) The said suit was filed in the year 1978. In 1979 two issues were framed. One of the issues which was framed was "whether the suit has not been valued properly for the purpose or court fee and jurisdiction ? OPD". The other issue which was framed was "Whether the defendants have taken illegal possession of the suit premises ? OPP". The third issue was of Relief.

(3.) Though the issues were framed in the year 1979, no evidence has so far been recorded in the suit. I am told that a number of dates were fixed for evidence of the parties but for different reasons the case was always adjourned. On 20th December, 1985 the respondents/ defendants moved an application under Order 14 Rule 2 praying that the first issue be treated as a preliminary issue. The trial court, vide the impugned order dated 22nd March, 1986, came to the conclusion that the said issue pertains to the jurisdiction of the court to try the suit and, therefore, it should be treated as a preliminary issue. The application filed by the respondents was accordingly allowed. It is this order which is challenged before me.