GURDWARA AND BABA HUNDAL Vs. SHIV SINGH

JUDGEMENT

(1.) This is a plaintiff's revision petition against the order of trial Judge calling upon him to amend the plaint and fix the value for court-fee and jurisdiction according to the marked value of the plot in dispute at Rs. 500/- per Marla and then make up the deficiency in the court-fee.

(2.) Baba Santosh Muni filed a suit on behalf of Gurdwara Hundal, District Amritsar, against Shiv Singh and other for a permanent injunction restraining the defendants from constructing buildings on a plot measuring a 45 feet in width and 986 feet in length, forming part of Khasra No. 86/32 and 86/33, shown red in the site plan attached with the plaint, and directing them to demolish and remove the building already unlawfully created thereon by them. In the alternative, a decree for possession of said property by removal of the structure standing on it was also claimed. It was alleged by the plaintiff that the said Gurdwara was the owner in possession of the disputed property and the defendants had no right or interest therein. They had illegally got into possession of the same and started construction on it without the permission of the plaintiff. That led to the filling of the suit.

(3.) The value of the Suit for the purpose of court-fee and jurisdiction was fixed at Rs. 260/- and a court-fee of Rs. 26/- was affixed on the plaint.