SMT. KANNU Vs. SMT. CHANU AND ANR.

JUDGEMENT

(1.) This is a Defendant's revision petition against the findings of the learned Subordinate Judge (II), Simla, on certain preliminary objections raised by the Defendant in a suit for declaration and injunction.

(2.) The Respondents filed a suit alleging that they and one Jawalia were joint owners in possession of land according to their respective shares, that on the death of Jwalia on November 13, 1973, his share devolved on them and his brothers' widows in accordance with Sec. 8 of the Hindu Succession Act, 1956, that on January 14, 1974, the Respondents applied under Sec. 35 of the Himachal Pradesh Land Revenue Act, 1953, to the Revenue Officer, Simla, for sanctioning the mutation of Jwalia's property in their favour but that on the statement of certain interested persons an erroneous mutation entry was made in favour of the Petitioner. It was alleged that the Petitioner was not related to Jwalia and a supposed will, relied on by the Revenue Officer in the mutation order, had not been produced or proved. The will, it was said, was invalid. It was asserted that ever since the death of Jwalia the Respondents as his successors remained in cultivatory possession of the land, and the Petitioner was threatening to interfere with their possession. The Respondents prayed for declaration and an injunction, and valued the suit, both for the purposes of jurisdiction and court fee for both the reliefs, at Rs. 200/ - each, paying a court fee Rs. 40/ - thereon. The reliefs claimed in the plaint were:

(3.) The Petitioner filed her written statement and, inter alia, pleaded that the suit was not properly valued for the purposes of court fee and jurisdiction, that the plaint was bad for not containing material particulars and that the court had no jurisdiction to try the suit.