DURGA ALIAS DURGI DEVI D/O SH GULE RAM ALIAS GULAB CHAND AND OTHERS Vs. SH TARLOK NARAIN S/O SH VED RAM AND ANOTHER

JUDGEMENT

(1.) Present civil revision petition is filed under section 115 Code of Civil Procedure 1908 against judgment passed by learned Civil Judge (Sr. Division) Mandi (H.P.) upon preliminary issues framed in C.S. No.66-I/2009 title Trilok Narain Vs. Durga alias Durgi Devi and others.

(2.) Sh. Trilok Narain plaintiff filed civil suit for declaration that defendants are not owners in possession of suit land and they have lost their right, title and interest in suit land by law of limitation. It is pleaded that sale deed executed by co-defendants No.1 to 3 in favour of co-defendant No.4 be declared as null and void. Consequential relief of permanent prohibitory injunction sought restraining defendants from interfering in peaceful possession of plaintiff in any manner. Alternative relief of possession also sought in case defendants succeed in dispossessing plaintiff from suit property during pendency of civil suit.

(3.) Per contra written statement-cum-counter claim filed on behalf of co-defendants No.1 to 3 pleaded therein that civil suit is not properly valued for purposes of Court fee and jurisdiction. It is pleaded that market value of suit land is Rs. 39,00,000/- (Thirty nine lac). It is pleaded that learned Trial Court has no pecuniary jurisdiction to try present suit. It is further pleaded that plaintiff has got no locus standi and cause of action to file present suit. It is further pleaded that plaintiff is estopped to file present suit. It is further pleaded that sale deed in favour of co-defendant No.4 is legal and valid. It is further pleaded that mutation No.582 also sanctioned. It is further pleaded that suit land is in exclusive possession of co-defendant No.4 after sale. Prayer for dismissal of civil suit sought.