NARAIN SINGH Vs. SHER SINGH

JUDGEMENT

(1.) ON 15th December, 1969, Narain Singh is alleged to have made a gift of his agricultural land, measuring 20 Bighas and 15 Biswas, situate in village Dallanwal, district Sangrur, in favour of Sher Singh and his brother Sajjan Singh, defendants nos. 1 and 2. In May 1970, he brought a suit for a declaration to the effect that he was the owner in possession of the said land and that the alleged gift was void as having been obtained under fraud, misrepresentation and undue influence and that the same was liable to be cancelled and set aside. He also claimed a permanent injunction against the said defendants not to interfere in his possession of the land. He paid a court-fee of Rs. 32. 50 on the plaint. He calculated the same as Rs. 19. 50 on the relief for declaration and Rs. 13/- for permanent injunction. The valuation in the plaint for the purposes of court-fee and jurisdiction was fixed at Rs. 195/- and Rs. 130/- respectively.

(2.) THE suit was contested on a number of grounds and one of them being that the same had not been properly valued for purposes of court-fee and jurisdiction.

(3.) AFTER the parties had led evidence on all the issues framed in the case, the counsel for the parties agreed that the issue regarding court-fee and jurisdiction might be decided in the first instance.