MUNICIPAL COMMITTEE Vs. GURDIAL SINGH

JUDGEMENT

(1.) In this appeal a preliminary objection has been raised by the learned counsel for the respondent that the appeal is not maintainable to this Court inasmuch as the jurisdictional value as given in the plaint is Rs. 2,975/- and according to Section 39 of the Punjab Courts Act, an appeal from a decree or order of a Sub Judge shall lie

(2.) This decree appealed against was made on 28th March, 1963, hence the appeal lay to the District Judge and not to the High Court.

(3.) The facts of the case briefly are that the plaintiff auctioned the lease Of the right of collection and recovery of parking fee for motor vehicles on the Motor Stand, Simla, durins the year commencing from 1st April. 1958 and ending on 31'st March 1959. This auction was made on 14th March, 1958 and the highest bid for Rs. 6100/- was of defendant No. 1, acting for and on behalf of defendant No. 2 as its proprietor. This bid was accepted by the plaintiff. Out of the lease money the defendant paid Rs. 3125/- to the plaintiff on various dates and entered into an agreement (P. B.) for Payment of the balance. According to the plaintiff the balance due from the defendants was Rs. 2975/- and which they failed to pay despite several demands. The plaintiff fited a suit for recovery of the aforesaid amount. He fixed the value of the subject-matter of the suit for purposes of jurisdiction and court-fee at Rs. 2975/-. The suit was resisted on a number of grounds, giving rise to the following issues: 1. Is the document dated 17th October, 1958 marked P. B. a lease and compulsorily registrable? 2. If so. what is the effect of nonregistration of the document on its validity or admissibility in evidence? 3. Is P. B. insufficiently stamped and if so what is its effect? 4. Was there no valid agreement between the parties to. the suit? 5. To what relief is the Plaintiff entitled?