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1994 Supreme(MP) 383

A.R.TIWARI
Rajaram – Appellant
Versus
Sharad Kumar – Respondent


Advocates:
B.L. Pavecha for petitioners; D.D. Vyas with V. Zelawat for respondents.

JUDGMENT

The petitioners are defendants in Cos. No. 20-A/85 filed by the Respondents No. 1 and 2 in the Court of Civil Judge Class II, Sendhwa (Respondent No. 5) seeking reliefs of declaration in regard to Agricu Itura I land, categorised as Joint Family Property that sale-deed dated 20.12.73 executed by Vithalrao (father of Respondents No. 1 and 2) in favour of petitioners on consideration of Rs. 16,000/- was void on the ground of absence of legal necessity and of possession plus mesne-profits. For the purpose of jurisdiction and Court-Fee, suit was valued at Rs. 300/- (for declaration) and Rs. 250/- (for possession) and presented with Court-fee of Rs. 55/-. The petitioners challenged this and pleaded that suit was undervalued and needed to be valued at Rs. 16,000/- and affixed with Court-fee stamps accordingly. The trial Court accepted the contention and vide order dated 19.9.90 (Annexure P/3) answered two preliminary issues in this behalf in favour of the petitioners. It was ordered that it should be valued at Rs. 16,000/- with Court fee on this amount and be presented in proper Court as the trial Court's pecuniary jurisdiction was limited to Rs. 10,000/-. This order was assail






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