GIAN KAUR Vs. S JANAK SINGH

JUDGEMENT

(1.) BY virtue of an agreement deed dated 23 -2 -1974, the parties agreed to purchase and employ Truck No. 1399/JKB Model 1971 covered by Route Permit No. 273/KP for the purpose of carrying on the business of transport in partnership with one another. They even purchased the Truck. Clauses ii and iv of the agreement provided as under: -

(2.) ON 10 -9 -1974 the petitioner, Gian Kaur (hereinafter called the plaintiff) brought a suit against the respondent Janak Singh, (hereinafter called the defendant), in the court of 1st. Additional Munsiff, Srinagar and claimed the following reliefs: -

(3.) DEFENDANT resisted the suit inter alia on the ground that it was not properly valued for purposes of court fee and jurisdiction. He contended that, the suit, if properly valued, fell outside the jurisdiction of the trial court. The trial court upheld the objection. The plaintiff appealed to Sub Judge (CJM) Srinagar but could not succeed. Hence this revision.