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1971 Supreme(P&H) 217

PREM CHAND JAIN
Sat Paul – Appellant
Versus
Jai Bhan Ananta Saini – Respondent


Judgment

1. Jai Bhan plaintiff filed a suit for possession of 2 Kanals and 11 Marlas of land in Killa No. 615 along with 1/18th Share of the well situated in Khewat No. 515 in exercise of his superior right of pre-emption as one of one of the vendors Ananta Saini. The sale was effected for an amount of Rupees 4000/- by the vendors by a registered Sale deed on December 21, 1966. The suit was contested by the vendees on various grounds. One of the plea with which we are concerned in this appeal was that the suit was not properly valued for the purposes of court fee and jurisdiction. The trial Court upheld the plea of the defendant and found that the plaintiff should have paid an advalorem court-fee on Rs. 4,000/- the market value of the property in suit and that the value for purposes of court fee and jurisdiction could not be assessed at ten times and thirty times of the land revenue. AS the deficiency in the court fee was not made good within the time allowed by the trial court, the plaint was rejected under Order 7, Rule 11 of the Code of Civil Procedure. Feeling aggrieved from the judgment and decree of the trial court, the plaintiff filed an appeal before the learned Senior Sub-o





















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