Arun Bhansali, J.

This Writ Petition is directed against the Orders dated 2.2013 and 20.3.2013 passed by the Trial Court, whereby the Trial Court has dismissed the application filed by the Defendants No. 1 and 2 by its Order dated 2.2013 and following the said order has dismissed the application filed by the petitioner also on 20.3.2013, whereby both the Defendants No. 1 and 2 and petitioner had filed application under Order 7, Rule 11 r/w Sections 10, 11 and of the Rajasthan Court-Fees and Suits Valuation Act, 1961 ('the Act').

2. The plaintiff filed a suit for pre-emption inter-alia indicating that though value of consideration shown in the sale deed was Rs. 14,50,000/-, valuation of the property was Rs. 5,50,000/- and accordingly valued the suit at Rs. 5,50,000/-.

3. Applications were filed by the petitioner and Defendants No. 1 and 2 inter-alia indicating that the petitioner has not valued the suit property and therefore, the same was liable to be dismissed under Order 7, Rule 11 C.P.C. The Trial inn without referring to any of the provisions under the Act came to the inclusion that prima facie it does not appear that the plaintiff has valued his [it at his whims and therefore, the petitioner was not entitled for an order for correction in valuation and payment of Court fees.

4. It is submitted by learned Counsel for the petitioner that the Trial Court as not justified in coming to the conclusion that no Case is made out for correction of valuation, inasmuch as, not only that the consideration indicated in sale deed was Rs. 14,50,000/-, based on the DLC rates, the petitioner was required to pay further stamp duty to the extent of Rs. 9,298/- and therefore, even the so-called market value sought to be insisted by the plaintiff is also on face of incorrect and the Trial Court was not justified in rejecting the application filed by the petitioner and therefore, the order impugned deserves to be set aside.

5. I have considered the submissions.

6. In a suit for pre-emption where the allegation in the plaint is that only with a view to defeat the right of pre-emption of the plaintiff, the consideration shown in the sale deed is inflated and the market value of the property is less an the said amount, the aspect of valuation of suit is a mixed question of law and fact wherein the provisions of Section 31 of the Act are required to be applied based on the facts, which are proved after the parties lead their evidence on the said aspect.

7. In view the above, it cannot be said that the Trial Court was not justified in dismissing the application filed by the petitioner. In the given facts once issues are framed by the Trial Court based on the pleadings of the parties, it would always be open for the parties to lead evidence on the said aspect and thereafter, the Trial Court can decide the said aspect, which arise in the suit.

In view of the above discussion, no case for interference is made out, the Writ Petition is dismissed.

Petition dismissed.