RAJIV NAYAN Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS is plaintiff's Second Appeal directed against the judgment and decree dated 08.04.2008 in Civil Appeal No. 20 -A/2008 by Second Additional District Judge, Chhindwara affirming the judgment and decree dated 24.12.2004 in Civil Suit No. 155 -A/1998 by Fifth Civil Judge -II to the Court of District Judge Chhindwara.

(3.) THE trial Court on a finding that the plaintiff though sought possession over 750 sq.ft. but has not valued the suit accordingly which as per paragraph 11 of PW1's statement comes to Rs. 50 -60 per sq.ft. i.e. approximately Rs. 37,500/ - found that it was beyond the Court's pecuniary jurisdiction to lay the suit, accordingly, non -suited the plaintiff.