M A JABBAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) IN this appeal filed by the plaintiff aggrieved by the judgment and decree of the Fourth Additional Judge, City Civil Court, Hyderabad in O.S. No. 165 of 1958, the respondent -Government has raised the question that the relief sought by the plaintiff in the plaint has been under -valued. This question was also raised in the written statement filed by the defendant (respondent herein) and the trial Court had framed Issue 1, in the following terms:

(2.) THE trial Court by its order dated 24th November, 1958 held Issues 1 and 2 in favour of the plaintiff.

(3.) BEFORE considering the question of under -valuation of the relief sought by the plaintiff, it may be stated that there is no dispute as to the application of the provisions of the Act. It is the case of both the sides that the reliefs sought in the suit are governed by the provisions of section 24(d) of the Act. The only dispute that has arisen is whether the valuation put by the plaintiff on the relief sought has been so under -valued as to merit interference by the Court. It is also not disputed that the question of valuation for purposes of Court -fee and jurisdiction has to be decided on the averments made by the plaintiff in his plaint. It is therefore necessary to consider the plaint. The relief claimed by the plaintiff is: