(KUERANI) MT DAN KUER Vs. EWAZ SINGH

JUDGEMENT

(1.) This application in revision arises under the following circumstances: The respondent Thakur Ewaz Singh brought a suit for recovery of profits against the applicant Kuerani Mt. Dan Kuer for recovery of Rs. 700 odd as profits, being the profits of a half-share in a mortgaged property. The respondent's case was that he and the defendant had taken a mortgage in equal shares from certain persons and the respondent had not been given his share of the profits, by the Kuerani Mt. Dan Kuer, who was in possession.

(2.) In her defence the defendant raised the plea that she was the owner of the entire mortgage and that the plaintiff was not at all interested in the mortgage. The question of proprietary title to the property involved in the suit for profits having thus been raised, the learned Assistant Collector framed an issue and sent it through the District Judge to the Court of the Munsif at Shikohabad for trial. An application was made by the Kuerani Mt. Dan Kuer to the District Judge for transfer of the proceedings, from the Court of the Munsif to the Court of the Subordinate Judge, on the ground that the value of the property involved was more than Rs. 10,000 and the value of the mortgage itself was over Rs. 9,000. It appears that the Munsif at Shikohabad is invested with pecuniary jurisdiction up to Rs. 4,000 only.

(3.) The application was opposed before the learned District Judge by Thakur Ewaz Singh and the learned Judge was of opinion that the valuation of the issue to be tried must be the value of the suit for profits, namely Rs. 700 odd. In that view, the learned Judge dismissed the application. The defendant Kuerani, Mt. Dan Kuer, has come before us and it is urged that the question of proprietary title of large property has to be tried and it ought to be tried . by the Subordinate Judge.