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Moulvi Abdul Majid Vs. Moulvi Abdul Ghani - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtAllahabad
Decided On
Judge
Reported in6Ind.Cas.249
AppellantMoulvi Abdul Majid
RespondentMoulvi Abdul Ghani
Excerpt:
agra tenancy act (ii of 1901), section 177 - subject-matter of suit exceeding rs. 5,000--appeal to high court--jurisdiction. - .....the district judge, having regard to the provisions of section 177 of the agra tenancy act. in our opinion the appeal only lay to the high court. the objection is a technical one and was not taken in the court below. the respondent has called our attention to the provisions of section 11 of the suits valuation act and certain rulings bearing on the same section. in our opinion section 11 of the suits valuation act does not apply, there being no under valuation or overvaluation of the appeal before the court below. the words of the proviso to section 177 of the agra tenancy act are quite clear and we hold that the court below had no jurisdiction to entertain the appeal. we allow this appeal, set aside the decree of the court below and direct that the memorandum of appeal in the court.....
Judgment:

1. The only ground urged before us against the decree of the Court below is that the subject-matter of the suit being above Rs. 5,000, an appeal from the decree of the Assistant Collector, first class, lay to the, High Court and not the District Judge, having regard to the provisions of Section 177 of the Agra Tenancy Act. In our opinion the appeal only lay to the High Court. The objection is a technical one and was not taken in the Court below. The respondent has called our attention to the provisions of Section 11 of the Suits Valuation Act and certain rulings bearing on the same section. In our opinion Section 11 of the Suits Valuation Act does not apply, there being no under valuation or overvaluation of the appeal before the Court below. The words of the proviso to Section 177 of the Agra Tenancy Act are quite clear and we hold that the Court below had no jurisdiction to entertain the appeal. We allow this appeal, set aside the decree of the Court below and direct that the memorandum of appeal in the Court below be returned to the respondent Abdul Ghani for presentation to the proper Court. Costs in this Court and the Court below will be costs in the cause and the costs in this Court will include fees on the higher scale.


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