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1977 DIGILAW 647 (MP)

Genesh Prasad Namdeo v. Beohar Rajendra Singh

1977-12-09

M.L.MALIK

body1977
Short Note : This revision by the defendant is directed against the order of the Civil Judge Class-I, Mandla, dated the 20th April, 1977, in Civil Suit No. 2-A of 1974. The plaintiff has been allowed to substitute a map to scale of the disputed property in place of a rough map originally filed. The plaintiff has also now given the area of the total plot on a portion of which the house stands, which is the subject matter of the suit. The total area disclosed is O. 22 acres. Held: The defendant had challenged the jurisdiction of the Court to try the suit. According to him, the value of the suit property was about Rs. 20,000/-. The Court gave a finding that the value was Rs. 10,000/- and, therefore, the suit was within its cognizance. 2. When the said order on valuation was passed, the Court was not apprised of the total area of the land. The amendment disclosing the area was introduced later. The grievance of the defendant is that when value of the property was determined, it was the value of the house alone which was under consideration. With the disclosure of the total plot being O. 22 acres, the valuation must go up. 3. Be that as may, the amendment has been rightly allowed. The disputed property which was shown in a rough sketch has now been shown by a map to scale. But that should not preclude the Court from re-determining the valuation, if the defendant can satisfy it that the area of total plot O. 22 acres (a little over 12,000 Sq. feet) was not in contemplation when the valuation was earlier determined. If the Court is so satisfied, the question of valuation and of jurisdiction can once again be gone into. Revision dismissed.