JATNI Vs. LALIA

JUDGEMENT

(1.) THIS is a revision application by the plaintiff against an order of the trial court holding that the court-fee paid was insufficient which was confirmed on appeal by the appellate court.

(2.) THE facts of the case are these. THEre was a house belonging to Naga and his son Gopia. Naga died in 1942 leaving a widow Smt. Kesar. On the death of Naga the house became the property of his own Gopia who died in 1954 leaving a widow Smt. Jatni who became the limited owner of the house after the death of her husband. On the coming into force of the Hindu Succession Act 1956 Smt. Jatni became the full owner of this house. On 6-8-59 Smt. Kesar sold the house for Rs. 800/- to Lalia. Smt. Jatni filed the present suit on 3-3-64 for possession over the house. She valued her suit at Rs. 800/ -. , the market value of the house which was sold on 6 8-59 and possession over it was claimed by her. THE suit was resisted by Lalia inter alia on the ground that he was a bona fide purchaser and has made constructions in the house after purchase costing Rs. 1500/ -. THE trial court held that the market value of the house was Rs. 2300/-, i. e. Rs. 800/- plus 1500/- and ordered the plaint to be returned for presentation to proper court as his pecuniary jurisdiction extended only upto Rs. 2000/ -. This order was confirmed on appeal by the learned District Judge.