MOHAMOODMIYA ALLIMIYA SAYYED Vs. MANSOOR AMIRMIYA JAHAGIRDAR

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned Advocate Mr. Tawshikar appears for respondent no.1 who is the only contesting respondent-defendant.

(2.) It appears that the petitioner filed a suit for declaration regarding the two sale deeds being illegal and bad in law and not binding on his share. He also claimed declaration that the possession of the respondent purchasers pursuant to the sale deeds is unauthorised etc. He valued the suit qua declaratory reliefs on the basis of the consideration amount mentioned in the sale deeds.

(3.) The respondent no.1 filed an application (Exh.48) seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure for under valuation and incorrect valuation. The learned trial Judge by order dated 21/11/2016 rejected the plaint. The petitioner has challenged it by filing Regular Civil Appeal No.39/2017.