SAROJ GUPTA Vs. IVTH ADDITIONAL DIST JUDGE ETAH

JUDGEMENT

(1.) This writ petition is directed against the order dated 17th December, 1986, passed by IVth Additional District Judge Etah, deciding the question of valuation of the suit.

(2.) The brief facts of the case are that one Suraj Pal Gupta entered into an agreement on 26-6-1980 with respondents for sale of the shop in question for a sum of Rs. 30,000/-. The respondents thereafter executed a sale deed regarding half portion of the said shop in favour of his wife Smt. Vidya Devi for a consideration of Rs. 24,500/-. The respondents did not execute sale deed with regard to the remaining half portion of the said shop. Suraj Pal Gupta filed suit No. 559 of 1992, for specific performance of agreement dated 26th June, 1980. In the suit he claimed the relief for specific performance of contract of sale regarding half portion of the shop which was not sold by the respondents. In the plaint it was alleged by him that half portion was already sold for Rs.24,500/- and remaining portion was to be sold only for Rs. 5,500/ -and amount of Rs. 2,000/- paid as earnest money was to be adjusted and thus he was liable to pay sum of Rs. 3,300/- as sale consideration in accordance with the terms of the agreement. He valued the suit at Rs. 5,500/- for the purpose of payment of court-fee and valuation of suit.

(3.) The respondents filed written statement and contested the suit inter alia on the plea that suit was under valued and the court-fee paid was insufficient. According to the respondents the suit should have been valued at Rs. 30,000/-, the amount of sale consideration as mentioned in the agreement and the court-fee should have been paid accordingly. The trial court framed issue No. 3 regarding the valuation and court-fee and decided the issue as preliminary issue holding that the plaintiff had rightly valued the suit and court-fee paid was sufficient according to relief claimed by him. Respondent No. 1 in revision did not agree with the view taken by the trial court and held that suit should have been valued at Rs. 30,000/- the amount of sale consideration as mentioned in the agreement.