Back
JAGAT NARAYAN
LAL SINGH – Appellant
Versus
TEJSINGH – Respondent
Key Points: - The suit for cancellation of a sale-deed is triable only by the District Judge if it is beyond the pecuniary limits of the Civil Judge’s jurisdiction (!) . - Court-fee is payable under Section 38(1)(a) Rajasthan Court-fees and Suits Valuation Act as the suit is substantially one for cancellation of the sale-deed (!) (!) . - Valuation for purposes of jurisdiction is the same as valuation for court-fee, and if the suit exceeds Civil Judge pecuniary limits it is triable only by the District Judge (!) (!) . - The relief sought is cancellation of a sale-deed, considering the minors’ position and the need to cancel to obtain possession, aligning with cancellation rather than mere declaration (!) (!) (!) . - The civil court has jurisdiction to grant cancellation, not a revenue court; hence the suit lies in civil court and integers of guardianship under Hindu Minority and Guardianship Act are relevant to voidability and necessary cancellation (!) . - The revision was allowed, with plaint returned to be presented to the proper court due to jurisdictional misalignment (!) .
( 1 ) THIS is a revision application by defendants Nos. 1 to 3 against an appellate order of the Additional District Judge, Ganganagar, holding that the Civil Judge, ganganagar has jurisdiction to try the present suit.
( 2 ) THE suit was instituted by Tej Singh, and Gurucharan Singh sons or Narendra singh in 1967 for a declaration that the sale-deed dated 18-7-57 by which their father Narendra Singh transferred 2 squares of agricultural land in Chack 51 GG for Rs. 24,000/- to the defendants is not binding on them and for possession over the land sold under the sale-deed. Mesne profits were also claimed. The rent of the agricultural land over which possession was claimed is Rs. 1. 62 per Bigha and the area is 50 Bighas. The suit for possession was valued at Rs. 2,031. 25 under section 7 (2) (a) of the Rajasthan Court-fees and Suits Valuation Act. A sum of Rs. 430/- was claimed as mesne profits. The valuation of the suit was thus Rs. 2,461. 25. It was instituted in the court of the Civil Judge, Ganganagar. On an objection by the applicants the learned Civil Judge returned the plaint for presentation to the court of the Senior Civil Judge. This order was set aside by the lear
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
