LAL SINGH Vs. TEJSINGH

JUDGEMENT

(1.) THIS is a revision application by defendants Nos. 1 to 3 against an appellate order of the Additional District Judge, Ganganagar, holding that the Civil Judge, ganganagar has jurisdiction to try the present suit.

(2.) THE suit was instituted by Tej Singh, and Gurucharan Singh sons or Narendra singh in 1967 for a declaration that the sale-deed dated 18-7-57 by which their father Narendra Singh transferred 2 squares of agricultural land in Chack 51 GG for Rs. 24,000/- to the defendants is not binding on them and for possession over the land sold under the sale-deed. Mesne profits were also claimed. The rent of the agricultural land over which possession was claimed is Rs. 1. 62 per Bigha and the area is 50 Bighas. The suit for possession was valued at Rs. 2,031. 25 under section 7 (2) (a) of the Rajasthan Court-fees and Suits Valuation Act. A sum of Rs. 430/- was claimed as mesne profits. The valuation of the suit was thus Rs. 2,461. 25. It was instituted in the court of the Civil Judge, Ganganagar. On an objection by the applicants the learned Civil Judge returned the plaint for presentation to the court of the Senior Civil Judge. This order was set aside by the learned Additional District Judge on appeal. He held that the suit was one for declaration and possession and court-fee was payable under Section 24 (a) of the rajasthan Court-fees and Suits Valuation Act.

(3.) ON behalf of the applicants it is contended that the suit is substantially one for the cancellation of the sale-deed and that court-fee is payable under Section 38 (1) (a) of the Rajasthan Court-fees and Suits Valuation Act, which runs as follows:--