SURJIT KUMAR Vs. JAI PAUL

JUDGEMENT

(1.) THIS petition came up for hearing earlier before P. C. Pandit, J. (as he then was ). On the basis of the judicial pronouncements cited on either side at the Bar, the learned Judge considering the importance of the point involved in the petition, thought it necessary to refer the same to be decided by a larger Bench. That is how the matter has been placed before us.

(2.) PARKASH Chand gifted a plot measuring 961 square yards, boundaries of which are given in the plaint, situated in Bhatinda to J,ai Pal and two other sons of Jagraj Singh on 30th September, 1969. On 3rd October, 1972, Surjit Kumar brought a suit for possession of the plot in dispute on the ground that his father had no right to make a gift of the same as it formed part of the joint Hindu family property. Jt was also alleged that the entire holding measuring 1. 8 Bighas 9 Biswas bearing Khasra Nos. 2506/1 and 25g6/2 of which the plot in dispute formed part, was also the joint Hindu family property.

(3.) ON the preliminary objection raised by the defendants that the suit had not been properly valued for purposes of court-fee and jurisdiction, the trial Court held that the suit as framed was governed by the provisions of Section 7 (v) (d) and not Section 7 (v) (b) of the Court-fees Act, 1870 (hereinafter referred to as the Act ). Hence the present revision was filed by the plaintiff and, as earlier observed, the same was referred by P. C. Pandit, J. , for decision by a larger Bench.