BASANTILAL Vs. SAJJAN DEVI

JUDGEMENT

(1.) APPELLANT Basantilal valued this appeal at Rs. 20,000/- and, therefore, the Registrar by his order dated August 18, 1972, admitted it. An ad interim injunction was claimed for which notice was issued to the respondents and some of them are present before us. An objection has been taken that the Registrar had no jurisdiction to admit this appeal and its valuation has been erroneously fixed.

(2.) WE might notice a few facts necessary for the disposal of the point raised before us. On October 3, 1963, Basantilal obtained a decree against Manoharlal in the sum of Rs. 7640/- exclusive of costs. Basantilal levied execution on December 3, 1963, and got attached a house in Mahavir Chowk, Tonk. Judgment-debtor Manohar Lal's wife Smt. Sajjan Devi, objected to the attachment but was unsuccessful. She, therefore, instituted a suit under O. 21. r. 63 of the Code of Civil Procedure on June 3, 1963, claiming the house under attachment to be her own. Manoharlal was made a party to this suit but the joined no issue with wife. Sajjan Devi, however, succeeded in establishing her claim by virtue of judgment and decree dated 10th May, 1972, passed by the learned Additional District Judge Tonk. Against that judgment and decree, decree-holder Bnsantilal has come up in appeal and he has valued it at Rs. 20,000/- as already mentioned.