PUSHPENDRA SINGH CHANDRAWAT Vs. PRABHU RAJ SINGH

JUDGEMENT

(1.) THE plaintiff petitioner is aggrieved by the order dated 20.7.2013 passed by Additional District Judge No.18, Jaipur Metropolitan, Jaipur, whereby the objection filed by the plaintiff petitioner against the report of the Tehsildar Sanganer (Jaipur) has been rejected and the plaintiff petitioner has been directed to deposit a court-fees of Rs.5,14,490/- within fifteen days.

(2.) THE brief facts of the case are that the plaintiff petitioner had filed a suit for possession, permanent injunction and mesne profit regarding a fort known as Sheopurgarh situated at Pratap Nagar, Sanganer, which belonged to his father the Late Rao Durga Singh. He further claimed that the defendant respondent, Prabhu Raj Singh, happen to be a relative of his. Therefore, on 1.2.1971 he allowed Prabhu Raj Singh to reside in a portion of the fort, which was marked in yellow colour in the map attached with the plaint. However, in September 2011, Prabhu Raj Singh started raising illegal construction in the adjoining property, which is marked in green in the map enclosed with the plaint. When the plaintiff objected to the illegal encroachment on part of his property, the defendant did not pay any heed to his objections. Subsequently, on 22.1.2012 Prabhu Raj Singh even brought labour into the fort in order to raise certain construction on portion marked as ABCD in the map. However, subsequently he gave up his efforts to start any encroachment. Instead, he started claiming that he is the owner of the property. But according to the plaintiff petitioner, Prabhu Raj Singh has no concern with the property. Hence the suit for possession, permanent injunction and mesne profit. The suit was filed along with a court-fees of Rs.13,635/- as the plaintiff valued the disputed property at Rs.2 lac.

(3.) THE plaintiff petitioner submitted an objection to the report submitted by the Tehsildar. However, by order dated 20.7.2013 the learned Judge accepted the valuation of the suit property as Rs.2 crore 26 lac and directed the plaintiff petitioner to deposit Rs.5,14,490/-. Hence this petition before this Court.