BHAIYA HARDEO SINGH Vs. SHAMBHU NATH SINGH

JUDGEMENT

(1.) THIS is a first appeal from order dated 8th January, 1986 of the learned District Judge, Ballia, holding that the jurisdiction to hear the appeal lay with the High Court and not with the District Judge. Aggrieved by the said order, the defendants-appellants have filed this appeal.

(2.) THE plaintiffs filed a suit for partition claiming l/3rd share in the properties, comprised in schedule 1, 3, 4 and 5 as annexed to the plaint. Another relief sought by the plaintiffs was that a declaration be made that the plaintiffs and defendants are the beneficiaries of 1/3rd share each in the property, given in schedule 2, which is a Devatian property. It was also prayed that it may further be declared that the plaintiff no. 1 and defendant no. 2 are entitled to act as joint Sarvarakar and are also entitled to manage the property, mentioned in schedule 2 jointly, and that they are entitled to take their share in the net surplus income arising to the deity. Another relief was that the defendant no. 1 be ordered to render account of income of the property, mentioned in schedule 2 from 16th June, 1973, onwards.

(3.) THE main contention of the appellants is that for determining the jurisdiction the valuation as shown in the plaint for the purpose of jurisdiction alone is material and not the amount for which the final decree is passed. Various reliefs claimed in the plaint were valued at a total sum of Rs. 17,225/- including the relief of accounting that was valued at Rs. 1,000/-. After the final decree, a sum of Rs. 96,000/- has been awarded against the relief of accounting, claimed in respect of the net income of the property, comprised in schedule 2. THE contention of the appellants is that the amount as determined in the final decree cannot be taken into account for determining the jurisdiction of the appellate court. THE short question for consideration, therefore, is whether the forum of appeal will be determined on the valuation, shown in the plaint for the purpose of jurisdiction or on the basis of the amount, as ascertained in the final decree.