MANWAR DANIAL Vs. CHURCH OF SCOTLAND

JUDGEMENT

(1.) The Petitioner and proforma Respondents No. 2 to 5 are Defendants whereas Respondent No. 1 is Plaintiff in the suit filed by him. In the above petition, the Petitioner has assailed the order dated 17.3.1998, passed by Senior Sub-Judge, Chamba whereby issue No. 2, "Whether the suit is properly valued for the purpose of Court fee and jurisdiction OPP" has been decided in favour of the Plaintiff and against the Defendants holding that he has properly valued the suit for the purpose of Court fee and jurisdiction at Rs. 48,000/- and required Court fee of Rs. 2734.40 paise has rightly been affixed by him.

(2.) The facts in brief are that the Plaintiff Church of Scotland through Rev. Anand Chandu Lal Bishop of Diocese of Amritsar, Church of North India, has filed a suit for possession of paster house/manse comprised in Khasra Numbers 1440, 1441, 1441/1, 1442, 1443 and 1443/1 measuring 1028-1 square yards and Khasra No. 2050 measuring 112-4 square yards, situated in Chamba Town (hereinafter called 'the suit property'). The Plaintiff has also prayed for decree for declaration to the effect that entries in revenue record showing Danial Tajdeen, the father of the Petitioner and proforma Respondents No. 2, 3 and 5 and father-in-law of proforma Respondent No. 4, in possession of the suit property are null and void and in-operative upon the rights of the Plaintiff. Claiming itself to be the owner of the suit property, the Plaintiff has alleged in paragraph 2 of the plaint that it is a perpetual minor just as an idol in a temple and this property cannot be acquired or usurped by any hostile design. It is further stated in paragraph 4 of the plaint that the suit property was given to late Danial Tajdeen free of charge for rendering services to the Church and as the priest/padri of the Plaintiff-Church. In paragraph 9 it is stated that, "Value for the purpose of jurisdiction and Court fee for suit for possession is Rs. 48,000/- (Rupees Forty Eight Thousands) and value for declaration is Rs. 1,000/- (Rupees One Thousand only) and Court fee for possession is Rs. 2734.40/- (Rupees Two Thousand Seven Hundred and Thirty Four and paise Forty only) and for declaration Rs. 19.50, total Court fee is Rs. 2753.90 paid."

(3.) In their written statement, the Defendants have taken one of the preliminary objections that since the valuation of the suit property is about five lacs, the trial Court does not have jurisdiction to entertain the suit. On merits it is admitted that Plaintiff Church is the owner of the suit property. This Court need not refer to other pleadings which are not relevant for the decision of this revision petition. After framing issues, the trial Court has tried Issue No. 2 pertaining to Court fee and jurisdiction as preliminary issue and decided the same in favour of the Plaintiff by the impugned order.