MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Order XLIII Rule 1(a) CPC has been filed against the order dtd. 18/8/2018 passed by the Addl. District Judge No.1, Rajgarh Camp Churu, District Churu, whereby, the trial court has ordered for return of the plaint under Order VII Rule 10 CPC for being presented before the competent court.

(2.) The appellant-plaintiff filed a suit for declaratory injunction, permanent injunction and consequential relief of possession inter alia claiming that the suit property belonging to the plaintiff and formal defendants no. 8 to 17 is situated at Tara Nagar; chain of title since the issue of Patta in the year 1879 was indicated. It was contended that the State after coming into force of the Rajasthan Tenancy Act, 1955 recorded the land as un-cultivable 'Banjar' and 'Gochar', which was unathorized. On the said land, part of Delhi-Bikaner road was constructed and part of it was allotted to Government Sanskrit School and for construction of houses for nomads and Goswami Moksh. The boundaries of the remaining land were indicated. It was then alleged that the State by its order dtd. 7/6/2002 allotted 3 Bigha 4 Biswa land to the defendant no.6, which was mutated in its name on 18/6/2002. Similarly, on 30/12/2005 68 Bigha land was allotted to defendant no. 3, which was mutated on 13/2/2006. It was claimed that the said allotments to Sanskrit School etc. are null and void qua the plaintiff and the formal defendants for which the plaintiff and the said defendants have right to seek declaration, which is the cause of action. Said averments were followed by grounds questioning the validity of the transfers and the steps taken by the plaintiff from time to time including filing of the suit before the Civil Judge, Tara Nagar.

(3.) With regard to the valuation of the suit, in para 17 it was indicated that as the defendants have deposited a sum of Rs.27,20,000.00 for development of the Sainik Basti on the land, the same is determined as valuation of the suit and is filed with court fee of Rs.1,37,325.00 and for permanent injunction the suit was valued at Rs.400.00 and court fee of Rs.30.00 was paid on the same.