GEETA DEVI Vs. DEVINDER NATH BHARDWAJ

JUDGEMENT

(1.) This order is meant to dispose of the following issue framed in this suit and to pass consequential orders: "3. Whether the suit has been properly valued for the purposes of Court fee and jurisdiction, if not, its effect - OP Parties.

(2.) The brief facts relevant for the purpose of disposal of the aforesaid issue may be noticed. The plaintiff instituted a suit for partition of the suit property comprising Khasra Nos. 2472, 2473 and 2474, Khata No. 51 min, Khatauni No. 208 min, measuring 490 -62 Sq. metres, situated at Up Mohal Shiv Nagar, Hamirpur and for declaration of the share of the plaintiff in the Kisan Vikas Patra and National Saving Certificate and for mandatory injunction to hand over the share of the plaintiff therein along with a decree for rendition of accounts. The suit property were earlier admittedly owned by the father of the plaintiff and predecessor -in -interest of the defendants. The plaintiff claims that since he has 1 /6th share in the immovable property left by his deceased father which is presently in possession of defendants No. 1 and 2 and the plaintiff does not want to remain joint owner of the suit property and thus wants partition thereof and separate possession to the extent of l/6th share in the house, courtyard and the kitchen. Hence, the suit, which has been valued for the purpose of jurisdiction at Rs. 31 lacs i.e. the entire value of the property in suit and for the purpose of Court fee at Rs. 5,20,000/ - i.e. the value of the share of the plaintiff in the suit property and the Court fee has been accordingly affixed.

(3.) The defendants contested the claim of the plaintiff inter alia on the ground that the suit was not properly valued for the purpose of Court fee and jurisdiction which led to the framing of aforesaid issue which was dealt with as a preliminary issue.