GAFOOR KHAN Vs. AMIRUDDIN

JUDGEMENT

(1.) This revision petition has come up before this Division Bench as the single Bench vide order dated 06-09-2007 has referred the matter to larger Bench to decide the following reference :--

(2.) The brief facts of the case are that plaintiff-respondents instituted a suit under Section 6 of the Specific Relief Act against the defendant-petitioners in the Court of District Judge, Pratapgarh, District Chittorgarh on 14-10-1980. Due to pecuniary jurisdiction, the case was transferred to the Court of Civil Judge (Senior Division), Kapasan, District Chittorgarh on 10-01-1994.

(3.) The facts stated in the plaint are that the house situated in village Rashmi, district Chittorgarh is having the demarcations like that in the East there is house and cote (Nohra) of Fatehlal, in the West there is public way, in the North there is house of Amiruddin and Ajad Neelgar Musalman and in the South there is house of Mohanlal Kalal. This house before 07-05-1980 belonged to Nathu Khan S/o Ahmed Khan, Mst. Roshan W/o Barkat Khan, Smt. Jamil W/o Akram Khan and Smt. Aamna D/o Nathu Khan. All these persons entered into an agreement to sell the house on 07-05-1980 and the possession of the house was handed over. Thereafter the sale deed was executed on 26-07-1980 and it was got registered on 02-08-1980. The defendant forcibly, by breaking the locks of the house, took over the possession on 28-07-1980, whereas they have no right to retain the possession over the house in dispute. It was also averred that the plaintiffs are entitled for Rs. 10/- per day for use ad occupation of the house by the defendants from 27-07-1980. The cause of action accrued to them to institute the suit on 27-08-1980 and the plaintiffs valued the suit property at Rs. 20,000/- as per Section 28 of the Rajasthan Court Fees and Suits Valuation Act, 1961 and also valued the suit for recovery of amount of Rs. 770/- for the use and occupation of the house at the rate of Rs. 10/- per day and prayed that the suit be decreed and also for award of Rs. 10/- per day for the use and occupation of the house. The suit was instituted on 13-10-1980.