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1977 Supreme(Raj) 9

RAJINDAR SACHAR
Shyam Kumar – Appellant
Versus
Budh Singh – Respondent


Advocates Appeared:
Prem Asopa for P.C. Bhandari, for Petitioners; L.R. Metha, for Non-Petitioners

SACHAR, J.—This is a revision petition by the defendant against the order of the Civil Judge dated 13-12-75 by which he has held that the suit is cognizable by the Civil Court.

2. The plaintiff has filed a suit alleging that he is the owner and in possession of the suit land,. It is alleged that the defendant No. 4 purporting to act as the holder of a power of attorney from the plaintiff and has executed a sale deed in favour of defendants Nos. 1 to 3 of the land belonging to plaintiff. It is alleged that defendant No. 4 was not appointed by the plaintiffs nor was he the holder of power of attorney from the plaintiffs and consequently the sale deeds executed are void, inoperative and of no effect and therefore they should be cancelled and the defendants be restrained by permanent injunction from interfering with the plaintiffs possession of the suit land. Defendant through an application raised the preliminary objection that the court fees has not been properly paid and suit has not been properly valued. Another objection raised was that the suit was not triable by a civil court but by a revenue court.

3. With regard to the point of court fees the trial court has held that it is a qu


















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