CHANDRAPATI TRIPATHI Vs. SURYAMANI

JUDGEMENT

(1.) THIS is an application in revision against the order dated 10-5-1969 of Shri D. N. Shukla. Additional Civil Judge, Mirzapur, holding the valuation of the suit for the purposes of jurisdiction and court-fees at Rs. 500.

(2.) THE suit giving rise to this application in revision was instituted by the plaintiff-opposite party No. 1 against the applicant-defendant No. 1 and opposite parties Nos. 2 to 7 for a declaration that the plaintiff was the owner of land denoted by letters Aa Ba Sa Da Ka Kha " Ga Gha in the map attached in the plaint and defendants Nos. 1 to 4 had no concern with it. He also claimed a permanent injunction restraining defendants Nos. 1 to 4 from taking possession of the land belonging to the plaintiff and defendants Nos. 5 to 7. It was also prayed that the defendants should restore the land Aa Ba Ya Ra to the former position after demolition of constructions which defendants Nos. 1 to 4 had made over it. By subsequent amendment of the plaint the plaintiff added the relief for possession after demolition of certain constructions which had already been made by defendants Nos. 1 to 4.

(3.) THE learned Civil Judge to whom the case has been transferred framed preliminary issues on these points and after taking evidence of the parties the Court below has held that the valuation of the suit should be Rs. 500 and not Rs. 200 as valued by the plaintiff in the original plaint and the court-fees should also be paid on it.