UNNA RAM Vs. GEETA DEVI

JUDGEMENT

(1.) THE second appeal has been preferred against the judgment and decree dated 24.1.2002 passed by the Additional District Judge, Jodhpur, affirming the judgment and the decree of the trial Court dated 7.5.1999, by which it had decreed the suit of the respondent -plaintiff for recovery of Rs. 25,000/ - with consequential reliefs.

(2.) THE facts and circumstances giving rise to this case are that between the parties, an agreement to sell was executed on 6.2.1996 in respect of the land measuring 4 bighas for a consideration of Rs. 4,00,000/ - and a sum of Rs. 25,000/ - was paid to the appellant -defendant as the earnest money with a understanding that the respondent -plaintiff shall be put in possession and further amount shall be paid on future dates. However, on the agreed date, i.e. 9.2.1996, respondent - plaintiff could not be put in possession as the land, in respect of which the agreement to sell had been executed, could not been partitioned between the co -tenants and later on the sale was not executed. Being aggrieved, suit for recovery of Rs. 25,000/ - was filed. The appellant -defendant contested the suit, denying the averments made therein. However, the trial Court, vide judgment and decree dated 7.5.1999, decreed the suit for recovery of Rs. 25,000/ - which had been the value of the subject -matter in the suit along with interest @ 6% p.a. The appeal against the said judgment and decree has been dismissed vide judgment and decree dated 24.1.2002 on the ground of limitation as well as on merit. Hence this appeal.

(3.) PRIOR to the amendment, Section 102 of the Code provided that no appeal would lie when the amount or value of the subject - matter of the original suit did not exceed Rs. 3000/ -. However, by amendment, it has been enhanced to Rs. 25,000/ -. In the instant case, the value of the subject -matter of the suit was Rs. 25,000/ - only, meaning thereby it did not exceed Rs. 25,000/ -. Therefore, the question does arise, whether appeal is barred by the provisions of Section 102 of the Code.