MANAZIR HASAN Vs. ADDL DIST JUDGE

JUDGEMENT

(1.) Heard Sri Ravi Kiran Jain, Senior Advocate, assisted by Sri Pushkar Mehrotra Advocate, on behalf of the petitioners and Sri Mahendra Bahadur on behalf of respondents 3 to 7.

(2.) Haji Riazul Hasan who is plaintiff in Original Suit No. 117 of 1981 has filed this writ petition against the order of the Additional District Judge, Saharnpur dated 4- 11-1985 passed in Civil Revision No. 595 of 1983 arising out of an order passed by VIIth Additional Munsif, Saharanpur dated 3-3-1983. By means of order dated 4-11-1985 the learned Additional District Judge has allowed the revision filed by the Union of India (being Civil Revision No. 595 of 1983) while the revision filed by the plaintiff (being Civil Revision No. 603 of 1983) has been dismissed with a further direction that the matter is being remanded to the trial Court for determining of the valuation afresh in accordance with law and in the light of the observations made in the body of the judgment. From the judgment of the Additional District Judge it is clear that he has directed that the valuation of the suit be determined with reference to the 'market value of the property which is the subject-matter of dispute.

(3.) On behalf of the petitioners it is contended that the suit as filed was for possession of the immoveable property which was in the tenancy of the defendants on a rent of Rs. 14 and 4 Annas yearly. The reliefs prayed for in the said suit are as follows :- (Vernacular matter omitted)