Mohammad Anwar vs Dial Chand - 1936 Supreme(Lah) 174

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1936 Supreme(Lah) 174

SKEMP
Mohammad Anwar – Appellant
Versus
Dial Chand – Respondent

JUDGMENT

Skemp, J. - This is an appeal from an order by the learned District Judge of Sheikhupura at Lyallpur remanding a case in the following circumstances: The plaintiff sued for pre-emption of a site on the court-fee proper to Rs. 203. He said that, although the sale deed specified the price to be Rs. 1,000 the market value was only Rs. 400 and the site was already under mortgage to him by certain persons (not the vendors) for Rs. 197. The vendees pleaded that the suit was not properly stamped and that the plaintiff should pay court-fee on Rs. 1,000, the sale price, plus the market value of the house which the vendees had built before the suit was brought. They alleged that they had spent Rs. 1,942 on the building. The trial Judge framed two issues: (1) Does the suit lie in the present form? (2) If not, what is the market value of the defendants' building on the site in suit with a view to court-fee? The trial Court found that the defendants had spent Rs. 1,493 on the building and that the plaintiff should pay court-fee on Rs. 1,000 + Rs. 1,493=2,493. It also held that the plaintiff should amend his plaint by seeking demolition of the house which had been built. The plaintiff ap

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