JAGDISH Vs. JAGAT PAL

JUDGEMENT

(1.) THIS revision petition is directed by Jagdish petitioner (defendant No. 1) against the order dated 22.5.2001 passed by the Civil Judge (Junior Division), Sirsa, whereby his application under Order 7 Rule 11, CPC, was dismissed.

(2.) BRIEFLY stated, the facts are that Jagat Pal major and Man Singh alias Man Sarup minor, sons of Hari Singh filed a suit for declaration against Jagdish and Ram Lal (now deceased) represented by his LRs to the effect that the plaintiffs being co-parceners and joint Hindu Family members are entitled to get their due share in the land measuring 13 Kanals 8 Marlas as detailed in the heading of the plaint situate in village Kusumbhi, Tehsil and District Sirsa, being the ancestral property and the sale deed dated 26.12.1983 vide which defendant No. 2 had sold away the above said land to defendant No. 1 for a sum of Rs. 23,450/- was illegal, incorrect, without any authority and was liable to be set aside and further as a consequential relief of permanent injunction restraining the defendants from alienating the above said land in any manner.

(3.) THE Civil Judge (Jr. Divn.) after hearing learned counsel for the parties dismissed the application by holding that the suit was properly valued for the purpose of Court-fee and jurisdiction as the substantive relief claimed in the plaint is that of a declaration and the cancellation of the sale deed is only surplusage and as such the plaintiffs were not liable to pay ad valorem Court-fee. It was further observed on the point of limitation that it is a mixed question of law and fact because the plaintiffs had filed the suit when they had come to know about the execution of the sale deed and as such, it was a matter of evidence as to when they acquired knowledge of the execution of the sale deed and from that date the period of 12 years is to be considered.