NILIMA BOSE Vs. SANTOSH KUMAR GOSH

JUDGEMENT

(1.) The revisional application is directed against the judgment dated 1-4-1993 passed by the learned Additional District Judge, 2nd Court at Barasat, 24-Parganas (North) in Misc. Appeal No. 137 of 1992 affirming the order No. 77 dated 26th March, 1992 passed by the learned Munsif, 1st Court, Barasat, Dist. North 24-Paraganas in Title Suit No. 34 of 1987 in respect of return of the plaint to the filing lawyer due to lack of pecuniary jurisdiction of the said Court.

(2.) The aforesaid Title Suit No. 34 of 1987 was filed by the petitioner against the opposite party for recovery of possession in respect of 'A' schedule property of the plaint alleging, inter alia, that the petitioner purchased the property and was constructing/renovating a Cinema Hall there by spending more than 4 lakhs of rupees when the opposite party dispossessed the petitioner from the suit property by falsely claiming title thereto on the basis of certain deeds of release executed by the petitioner in favour of the opposite party. The petitioner accordingly prayed for declaration of her title and for permanent injunction. in so far as 'B' schedule property is concerned which is an analogous plot of land in 'A' schedule property the petitioner's case is that the opposite party is trying to dispossess her from the said land. The petitioner accordingly has prayed for declaration in respect of 'B' schedule property. In respect of 'A' schedule property the petitioner's prayer is for recovery of possession from trespasser along with permanent and mandatory injunction.

(3.) The petitioner having made subjective valuation under Section 7(vi)(A) of the Court-fees Act, 1970 'A' schedule property and under Section 7(iv)(B) for 'B' schedule property the opposite party raised preliminary objection before the learned Munsif that the suit is under valued and the court has no jurisdiction to try the suit.