ADMINISTRATOR SRINAGAR MUNICIPALITY Vs. KHATI

JUDGEMENT

(1.) THIS revision petition is directed against an order of Munsiff Ganderbal whereby he has held that the suit against the petitioner was cognizable by that court.

(2.) IT appears that a suit was brought by the respondents herein against the petitioner for permanent injunction in respect of some land which is said to have been in possession of the respondents. The respondents had alledged ail get that the Panchayat could not transfer the said land to the petitioner nor could the petitioner get any right over the land in persuance of the transfer order. Objection was raised before the learned Munsiff about his jurisdiction on the basis of various S R Os. However, the preliminary objections as regards jurisdiction was over -ruled by the trial court and it has assumed, jurisdiction.

(3.) CERTAIN suits upto a certain valuation are to be tried by the court of Municipal Magistrate at Srinagar: Certain area from Tehsil Ganderbal have also been included within the Municipal limits of Srinagar. In this connection SRO No. 375 of 1 -7 -1271 was issued earlier to this two notifications viz: Notification No. 57 dt 30 -9 -1983 and Notification No. 16 dt 17 -5 -1969 were issued which created two Municipal courts in Jammu and Srinagar with powers be try all suits within their respective jurisdictions upto the valuation not exceeding Rs. 5.000/ -. Therefore, the suit instituted against the petitioner valuation thereof was less than Rs. 5,000/ - would be cognizable by the court of Municipal Magistrate Srinagar, provided the suit property was within the limits of the Municipality Srinagar. The land in question is within the limits of Municipality Srinagar. Therefore, the judgment of the court below is erroneous and needs to be set aside.