CHAMAR JIVABHAI BECHARDAS Vs. CHAMAR HARIJAN KESHARBHAI

JUDGEMENT

(1.) In this revision the only contention urged is that for the purpose of jurisdiction the Civil Judge Junior Division Chanasma has valued the suit claim at Rs. 8 0 and odd on the allegation of the plaintiff that he is entitled to claim one-half share and has therefore held that the Civil Judge Junior Division had jurisdiction. It is contended that the Junior Division Judge has no jurisdiction but only the Senior Division Judge because the suit half share claimed by the plaintiff must have been valued at such higher amount. The property in which half share is claimed consists of land houses and Wada. The dispute in revision relates only to the valuation of the land. On this point the learned Judge has observed in para 5 of his judgment as follows:

(2.) Sec. 8 of the Suits Valuation Act deals with suits other than those of the types mentioned in that section and the suit for partition is one of the types mentioned in that section. Therefore although sec. 8 of the Suits Valuation Act provides that the valuation for the purpose of court-fees shall be the same as valuation for the purpose of jurisdiction in certain suits that section does not apply to the present suit because that section applies to suits other than those of the types which include the type of the present suit.

(3.) Sec. 24 of the Bombay Civil Courts Act so far as relevant reads as under: