CHET RAM THAKUR, J. :- In this appeal a preliminary objection has been raised by the learned counsel for the respondent that the appeal is not maintainable to this Court inasmuch as the jurisdictional value as given in the plaint is Rs. 2,975/- and according to Section 39 of the Punjab Courts Act, an appeal from a decree or order of a Sub Judge shall lie-

"(a) to the District Judge-

(i) where the decree or order was made before the 28th day of June, 1963, and the value of the original suit in which the decree or order was made did not exceed five thousand rupees, or

(ii) where the decree or order is made after the 28th day of June 1963, and the value of the original suit in which the decree or order is made does not exceed ten thousand rupees: and

(b) to the High Court in any other case."

2. This decree appealed against was made on 28th March, 1963, hence the appeal lay to the District Judge and not to the High Court.

3. The facts of the case briefly are that the plaintiff auctioned the lease of the right of collection and recovery of parking fee for motor vehicles on the Motor Stand, Simla, during the year commencing from 1st April, 1958 and ending on 31st March 1959. This auc