GENDABAI Vs. KUNDANLAL JAIN

JUDGEMENT

(1.) PLAINTIFF -appellant Smt. Gendabai, aggrieved by the order of First Additional District Judge, Guna, dated 12 -5 -1980, has preferred this appeal under Order 43, rule 1 of the Code of Civil Procedure.

(2.) THE plaintiff appellant filed a suit for possession over half the portion of the suit -house. In the plaint, entire house was valued at Rs. 70,000/ -. As the relief prayed was for possession of the half portion of the house; she paid the Court -fee on Rs. 35,000/ -, half the valuation of the entire house.

(3.) THE trial Court, on this, framed preliminary issues and parties led their evidence. Defendant -respondent examined on expert witness, Shri Krishna, a diploma -holder in Civil Engineering. The Trial Court relied upon his evidence and in the impugned order held that the valuation of the entire suit house on the date of presentation of the plaint was Rs. 1,50,000/ - and hence plaintiff should value the suit and pay the Court -fee on Rs. 75,000/ -, the half of the valuation of the house. The Court further held that as he has no pecuniary jurisdiction to try the suit, plaint be returned to the plaintiff for presentation in the Court of District Judge.