GURMAIL SINGH Vs. JIT SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the appellants plaintiffs against the judgment dated 19. 5. 1978 passed by the learned trial Court and the judgment dated 25. 4. 1979 passed by the learned Additional District Judge, Rup Nagar.

(2.) BRIEFLY stated the facts of the case are that the plaintiffs filed a suit for declaration to the effect that sale in respect of the land measuring 8 Kanals 2 Marlas out of the land measuring 16 kanals and 3 Marlas comprised in Khewat/khatauni No. 8/11, Khasra No. 11/21/2 (49)12/25/2 (47), 13/5/1 (77) situated in the area of village Ramgarh alias Manda effected on 29. 11. 1967 and confirmed on 9. 2. 1968 and also on 26. 7. 1972 by the Assistant Collector Ist Grade, Ropar in favour of defendant No. 1 (Jit Singh) was illegal, ultra vires void and, therefore, was not binding upon the plaintiffs and was consequently liable to be set aside. In the plaint inter alia it was alleged that the possession of the land in dispute was with the plaintiffs. In para 8 of the plaint, it was averred that cause of action in the suit arose to the plaintiffs on 29. 11. 1967, the date of the sale and 9. 2. 1968 and 26. 7. 1972 the date of confirmation of the sale and on 20. 6. 1973 when the defendants refused to admit the claim of the plaintiffs. In the written statement filed on behalf of the defendants, the averments made in the plaint were controverted. The plaintiffs also filed replication in reply to the written statement wherein the averments made in the plaint were reaffirmed.

(3.) WHETHER the suit is correctly valued for the purposes of court fee and jurisdiction?