JAWAHAR THEATRES PRIVATE LTD Vs. KASTURI BAI

JUDGEMENT

(1.) THIS revision under Section 115 Civil P. C, is by the plaintiff against the order, dated 20-8-1959, passed by Shri A. K. Pandey, Second Civil Judge, Class II, Jabalpur, in Civil Suit No. 135-A of 1959 holding that the valuation of the relief of injunction claimed in the plaint at Rs. 500/-was inadequate and that the real valuation would be Rs. 47,400/ -. Although originally the trial Judge demanded court-fees on the valuation of Rs. 47,400/-, the learned Judge, by a later order, held that he could not demand court-fees, as he had no jurisdiction to try the suit on the valuation as found. Therefore, he ordered the plaint to be returned for presentation to proper Court under Order 7, Rule 10, C. P. C. That order was passed on 28-8-1959. Although that order may be appealable under Order 43, Rule 1 (a), C. P. C. , revision under Section 115, C. P. C. , would be competent against the previous order, dated 20-8-1959.

(2.) THE parties entered into an agreement, dated 26th July, 1958, regarding the lease of a cinema theatre, by which the cinema theatre belonging to the first non-applicant was agreed to be leased out to the applicant. It is not necessary to reproduce the terms of the said agreement.

(3.) THE applicant filed the present suit for a mere injunction and valued it at Rs. 500/ -. In the plaint, it was alleged that the first defendant was contemplating to lease out the theatre to other persons and was not abiding by the agreement entered into by her with the applicant on 26-7-1958. The applicant also prayed for leave to reserve his relief claiming specific performance of the contract of lease by filing a suit later. Therefore, in the present suit a mere negative injunction was claimed seeking to restrain the non-applicants from leasing out the theatre to any other person.