ALLAH BAKHSH Vs. RAM LAL

JUDGEMENT

(1.) An unclassed suit of value not exceeding Rs. 100 for redemption of a house from mortgage was instituted in the Court of a Munsif and a decree for redemption on payment of Rs. 110 was passed.

(2.) An appeal was instituted in the Court of the Divisional Judge who, following Muhammad Khan. v. Ashak Muhammad Khan 106 P.R. 1895 returned it for presentation to the District Judge. The District Judge has disagreed with the Divisional Judge, and, citing Kishan Chnnd v. Taj-ud-Din 23 P.R. 1909 : 197 P.L.R. 1908 : 37 P.W.R. 1909 : 1 Ind. Cas. 870 has referred the question of jurisdiction to this Court for decision. 2. Kishan Chand v. Taj-ud-Din 23 P.R. 1909 : 197 P.L.R. 1908 : 37 P.W.R. 1909 : 1 Ind. Cas. 870 has reference to the valuation for purposes of farther appeal under Section 40, Punjab Courts Act. This section differs materially in its language from Section 39 of the same Act, and in Kishan Chand v. Taj-ud-Din 23 P.R. 1909 : 197 P.L.R. 1908 : 37 P.W.R. 1909 : 1 Ind. Cas. 870 a clear distinction was made between first appeals under Section 69, to which Muhammad Khan v. Ashah Muhammad Khan 106 P.R. 1895 applies and further appeals under Section 40.

(3.) The District Judge has failed to notice this distinction, and we think that it was quite unnecessary for him to question a decision by a superior Court on the point of jurisdiction.