KRISHAN SINGH Vs. OM PRAKASH

JUDGEMENT

(1.) PLAINTIFF -petitioners filed a suit for declaration to the effect that the sale deed dated 11 -11 -1974 registered on 13 -11 -1974 and executed by their father in favour of the defendant, in respect of a building situate at Virmarg, Jammu, was null and void being unconscionable and without legal necessity, qua the rights of the plaintiffs. The property, subject matter of the sale, was stated to be ancestral Joint Hindu family property of the plaintiffs and their father. A consequential relief of possession was also sought for by the plaintiffs in the suit. The plaintiffs had valued their suit at Rs. 300/ -

(2.) AN objection was raised in the trial court to the effect that the suit had not been properly valued for the purpose of court fee and jurisdiction and that the court of Munsiff, Jammu had no jurisdiction to try the suit. The learned trial court framed the following two preliminary issues : - 1. Whether the suit is not properly valued ? If so what is the value of the suit for purpose of court fee and Jurisdiction ? O.P.D. 2. whether me court has no jurisdiction to try the suit? O. P. D.

(3.) THE trial court decided issue No: 1 in favour of the defendant and held that the suit had not been properly valued and that the plaintiffs should have valued their plaint under section 7(v) of the Court Fee Act and should have paid the ad -valorem court fee on the marked value of the suit property (which according to the sale deed was Rs. 10,000/ -). Issue No: 2 was also decided in favour of the defendant and the plaint, as a result was returned to the plaintiffs, for presentation to a proper court of competent jurisdiction.