BHAGWAN SINGH Vs. RAGHNATH SAHAI

JUDGEMENT

(1.) This application in revision is directed against an order of the Senior Subordinate Judge, Delhi, returning the memorandum of appeal for presentation to a Court of proper jurisdiction.

(2.) What happened was this. A suit for ejectment and for recovery of Rs. 350 as rent was instituted by the plaintiffs against the defendant. That suit was decreed by the trial Judge. The value of the suit for purposes of jurisdiction was fixed at Rs. 986.

(3.) Against this decision an appeal was preferred to the Court of the Senior Subordinate Judge, Delhi. At the hearing of the appeal a preliminary objection was taken on the ground of want of jurisdiction in the Court of the Senior Subordinate Judge in this case. It was urged that the Senior Subordinate Judge had jurisdiction to hear appeals in unclassed suits in which the value for jurisdiction did not exceed Rs. 500 and that the value in the present case being beyond that sum the appeal had been preferred in a Court which had no jurisdiction to entertain it.