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Chandrapati Tripathi Vs. Suryamani and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 1252 of 1969
Judge
Reported inAIR1975All430
ActsSuits Valuation Act, 1887 - Sections 304; Code of Civil Procedure (CPC) , 1908 - Sections 9
AppellantChandrapati Tripathi
RespondentSuryamani and ors.
Advocates:Harihar Pd. Dubey, Adv.
DispositionRevision allowed
Excerpt:
civil - valuation of suits - section 304 of suits valuation act, 1887 - application for demolition of existing construction and future construction during pendancy of suit - court to evaluate construction before and after filing of suit to determine pecuniary jurisdiction and court fee. - .....also prayed that the defendants should restore the land aa ba ya ra to the former position after demolition of constructions which defendants nos. 1 to 4 had made over it. by subsequent amendment of the plaint the plaintiff added the relief for possession after demolition of certain constructions which had already been made by defendants nos. 1 to 4. 3. one of the pleas taken in defence by defendant no. 1 applicant in the written statement was that the suit was undervalued and the court-fees paid was insufficient. 4. the learned civil judge to whom the case has been transferred framed preliminary issues on these points and after taking evidence of the parties the court below has held that the valuation of the suit should be rs. 500 and not rs. 200 as valued by the plaintiff in the.....
Judgment:
ORDER

Chandra Prakash, J.

1. This is an application in revision against the order dated 10-5-1969 of Shri D.N. Shukla, Additional Civil Judge, Mirzapur, holding the valuation of the suit for the purposes of jurisdiction and court-fees at Rs. 500.

2. The suit giving rise to this application in revision was instituted by the plaintiff-opposite party No. 1 against the applicant-defendant No. 1 and opposite parties Nos. 2 to 7 for a declaration that the plaintiff was the owner of land denoted by letters Aa Ba Sa Da Ka Kha Ga Gha in the map attached in the plaint and defendants Nos. 1 to 4 had no concern with it. He also claimed a permanent injunction restraining defendants Nos. 1 to 4 from taking possession of the land belonging to the plaintiff and defendants Nos. 5 to 7. It was also prayed that the defendants should restore the land Aa Ba Ya Ra to the former position after demolition of constructions which defendants Nos. 1 to 4 had made over it. By subsequent amendment of the plaint the plaintiff added the relief for possession after demolition of certain constructions which had already been made by defendants Nos. 1 to 4.

3. One of the pleas taken in defence by defendant No. 1 applicant in the written statement was that the suit was undervalued and the court-fees paid was insufficient.

4. The learned Civil Judge to whom the case has been transferred framed preliminary issues on these points and after taking evidence of the parties the Court below has held that the valuation of the suit should be Rs. 500 and not Rs. 200 as valued by the plaintiff in the original plaint and the court-fees should also be paid on it.

5. Against that order the defendant No. 1 has now come up in revision before me.

6. I have heard the learned counsel for the parties. I have also gone through the record. I am afraid the order of the Court below cannot be allowed to stand.

7. While disposing of the two issues the Court below had observed that the value of the building and other machinery etc. on the Land belonging to the defendants shall not be taken into consideration in determining the question of jurisdiction and court-fees. This view is erroneous and not correct. In his plaint the plaintiff was claiming permanent injunction, a prohibitory injunction, possession and demolition of the constructions already made by the defendants or which they might make during the pendency of the suit. Defendant No. 1 in his written statement disclosed certain constructions which he had already made. The Court below should have found out by taking evidence of the parties what construction had already taken place before the filing of suit and what constructions had been made by the contesting defendant after the filing of the suit and regarding which there is a prayer for demolition. After valuing these constructions etc., the Court should then proceed with the decision of the question of jurisdiction and court-fees. This has not been done. This Court in the ruling reported in Shanti Prasad v. Mahabir Singh, 1957 All LJ 431 = (AIR 1957 All 402) (FB) has laid down guidelines while disposing of the questions of the valuation and the court-fees.

8. The application in revision is allowed and the order of the Court below is set aside and the learned Civil Judge is directed to dispose of the case in view of the decision contained in the Full Bench case of this Court quoted above. The costs of this revision shall be cost in the case.


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