BHOJANAPU NARASIMHULU Vs. BHOJANAPU SURENDRA

JUDGEMENT

(1.) C.R.P. No. 290 of 1997 has been filed by the petitioner (3rd defendant) having been aggrieved by the order dated 16-10-1996 passed by the Subordinate Judge, Piler in O.S. No. 104 of 1995. C.R.P. No. 3089 of 1997 is also filed by the very same petitioner (3rd defendant) challenging the order dated 17-7-1997 in C.M.A. No. 10 of 1997 passed by the Subordinate Judge, Piler.

(2.) For the sake of convenience the parties to these revisions are referred to as they are arrayed in the trial Court.

(3.) It would be necessary to narrate the facts giving rise to the filing of the two revisions which are as follows: The plaintiff filed the suit O.S. No. 104 of 1995 on the file of the District Munsif, Vayalpad for permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the plaint schedule property. The defendants took the preliminary objection that the suit is not correctly valued stating that the suit property as per the Valuation Certificate issued by the Sub-Registrar, Vayalpad is more than Rs. 2,40,000-00 and so the District Munsif's Court at Vayalpad has no pecuniary jurisdiction to try the suit. The learned District Munsif tried the preliminary issue and held that since the value of the plaint schedule land is more than Rs. 2,40,000-00 per acre and Ac. 4-01 cent of plaint schedule land will be more than Rs. 8 lakhs and odd and therefore the District Munsif's Court, Vayalpad has no pecuniary jurisdiction to try the suit and consequently returned the plaint for presentation before the proper Court. Pursuant to the order of the District Munsif, Vayalpad, the plaint appears to have been presented before the Sub-Court, Piler. But the learned Subordinate Judge, Piler, in his turn, returned the plaint for presentation before proper Court having jurisdiction to try under Order 7 Rule 10 CPC holding that the relief claimed by the plaintiff is notionally fixed at Rs. 50,000-00 and as such it is within the pecuniary jurisdiction of the District Munsif's Court, Vayalpad. Aggrieved by that order passed by the learned Subordinate Judge, Piler dated 16-10-1997 C.R.P. No. 290 of 1997 is filed by the 3rd defendant and this Court admitted the C.R.P. No. 290 of 1997 and granted stay of all further proceedings.