MOTILAL B.NAIK, T.CH.SURYA RAO, DALAVA SUBRAHMANYAM
Motichand Jain – Appellant
Versus
Jaikumar M. – Respondent
( 1 ) ON a reference mad by one of us (TCSR,j.), the matter has come up before us for adjudication.
( 2 ) IT is expedient to look at the factual matrix at the threshold for brevity and better understanding of the matter. A suit seeking the relief of specific performance of the contract of sale was filed in O. S. No. 28 of 1980 on the file of the II Additional judge, city Civil Court, Hyderabad. The property which is the subject matter of the suit was valued at Rs. 45,000. 00 for the purposes of court fee and Court jurisdiction. Eventually, the suit ended in dismissal at the culmination of the trail by the judgment dated 31-12-1990. During the pendency of the suit, the A. P. Civil Courts (Amendment) Act 30 of 1989 (for brevity the Act 30/89 ) raising the pecuniary jurisdiction of the Courts had been passed and came into effect from 2-12-1989 onwards. Under the said Act, the pecuniary jurisdiction of the District Court/court of the Chief Judge, City Civil Court, Hyderabad, to entertain an appeal was raised from the existing limit of Rs. 30,000. 00 to Rs. 1 lakh. In view of the said amendment the unsuccessful plaintiff sought to file the appeal against the Judgme
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