FRANCISCO LUIS JOSE DSOUZA Vs. VITHAL BHADU TAMBOSKAR

JUDGEMENT

(1.) Whether the valuation for the purpose of jurisdiction of a suit for mandatory injunction and mesne profits can be enhanced while filing an appeal against the decree of the Court by adding the amount of mesne profits claimed till that date altering thereby the appellate forum from the District Court to the High Court, is the moot question that this appeal gives rise to at the threshold.

(2.) The appellant filed a suit for mandatory injunction and mesne profits against the respondent and valued it for the purpose of Court less and jurisdiction at Rs.12,000/-. He quantified the mesne profits payable to him at the time of the institution of the suit at Rs. 5000/- and further claimed mesne profits at the rate of Rs. 1000/- per month from the month of June, 1988 onwards. By judgment dated 8th January, 1985, the learned Addl. Civil Judge, S.D. Margao dismissed the appellants suit and hence, this appeal was filed in this Court, valuing it at Rs. 74,000/- on basis of a claim of 67 months of mesne profits at the rate of Rs.1000/- per month from June, 1988.

(3.) Section 6 of the Goa, Daman and Diu Civil Courts Act, 1965 provides that save as otherwise expressly provided in the Act, the District Court shall be the Court of Appeal from all decrees and orders passed by the subordinate Courts from which an appeal lies under any law in force. Section 20 prescribes there shall be two classes of Civil Judges, namely, Senior Division and Junior Division Judges, and lays down that the jurisdiction of a Senior Civil Judge will extend to all original suits and proceedings of a civil nature, while the jurisdiction of a Junior Civil Judge is restricted to all original suits and proceedings of a Civil nature wherein the subject matter does not exceed in amount of value ten thousand rupees. Section 22 deals with appeals from the decisions of Civil Judges and postulates that in all suits decided by a Civil Judge of which the amount or value of the subject matter exceeds ten thousand rupees, the appeal from his decision shall be direct to the High Court.