TIKAM RAM Vs. SH. PURSHOTAM RAM

JUDGEMENT

(1.) THE appellant No. 2 -plaintiff No. 1 is a deity, Devta Trijugi Narain Diar, which filed a suit through its next friend Jai Chand and the appellants No. 1 and 3 Tikam Ram and Bhawani Singh, i.e., plaintiff Nos. 2 and 3 were the votaries, haryans and worshipper of the plaintiff No.

(2.) THE value of the suit was fixed at Rs. 200/ - for the relief of declaration, permanent injunction and possession. The suit was valued on the basis of the land revenue. It is however not disputed that a major portion of this land is an orchard and building has been raised on a portion of the land. One of the allegations made in the suit was that the market value of the suit property is not less than Rs. 80 lacs. In the written statement itself, an objection was raised that the suit has not been property valued for the purpose of Court fee and jurisdiction.

(3.) THE defendants filed an appeal and the learned Lower Appellate Court vide the impugned order set aside the decree and judgment of the learned Trial Court only on the ground that the suit was under -valued for the purpose of Court fee and jurisdiction. According to the learned Lower Appellate Court, since the plaintiffs had claimed that the valuation of the suit property was Rs. 80 lacs, therefore, the learned Trial Court had no pecuniary jurisdiction to entertain and try the suit and accordingly set aside the decree and judgment of the learned Trial Court and further ordered that the plaint be returned to the plaintiffs for presentation before the competent Court, if so advised. This order is under challenge in the present appeal.