ORDER:- This is a revision petition directed against the order of the City Judge, Jammu, dated 17-12-1970 whereby he has decided that the valuation of Rs. 130/- fixed by the plaintiffs for purposes of jurisdiction in this case, is proper. The plaintiffs respondents brought a declaratory suit with the prayer that four shops mentioned in a sale deed dated 26-11-1967 registered on 27-11-1967 executed by the defendant-petitioner No. 2 in favour of Bodhraj defendant petitioner No. 1 be declared their property and defendant No. 2 had no power to alienate these as well as for a declaration that the sale deed mentioned above be declared void and ineffective against the interests of the plaintiffs. In para No. 9 of the plaint, the valuation for purposes of court-fee was mentioned Rs. 10/- (fixed court-fee) and for jurisdiction purposes it was fixed as Rs. 130/-. In reply to this plea the defendants in their written statement stated that the court fee was payable on the market value of the property and as the plaintiffs were out of possession they should have brought a suit for possession instead of a suit for declaration only.

2. Two preliminary issues were struck on 31-7-1968 and parties we

Click Here to Read the rest of this document