JAGAT SINGH Vs. AVTAR SINGH AND OTHERS

JUDGEMENT

(1.) Jatat Singh brought a suit for possession of agricultural land measuring 35 kanals 2 marlas situate in village Kathanjan, District Amritsar, after cancelling the gift-deed dated 30th March, 1965, alleged to have executed by him in favour of his nephews Avtar Singh and his brothers Jaspal Singh and Kuldip Singh sons of hazara Singh, defendants in the said suit. His allegations were that he was the owner of the land in dispute and his nephews used to cultivate the same. Since they were not giving him adequate produce of the land he asked them to give up possession of the said land. At this, they desired to have the land on lease and promised to pay half of the produce to him. Thereupon, they persuaded the plaintiff to execute a lease-deed in their favour. For that purpose, the requisite stamp paper was purchased and a document was got written from a petition-writer. The plaintiff was under the impression that a lease-deed for 10 years was being prepared. The defendants, however, fraudulently got a gift-deed executed by the plaintiff. Later on, when he came to know about this fraud having been played on him, he filed the present suit.

(2.) The suit was resisted by the defendants on a number of pleas. A preliminary objection was, also taken by them that the suit was not properly valued for the purposes of court-fee and jurisdiction. According to them, the plaintiff was liable to pay ad valorem court-fee on Rs. 6,500/- which was the value of the property alleged to have been gifted by him in favour of the defendants.

(3.) A preliminary issue was framed in the case to the effect whether the suit was properly valued for the purpose of court-fee and jurisdiction.