AIR 1957 ALLAHABAD 402 ::1957 ALL. L. J. 431 ::ILR (1957) 1 All 374

Allahabad High Court

Hon'ble Judge(s): O. H. Mootham , C.J. AND Raghubar Dayal, Srivastava , JJ

(A) Suits Valuation Act (7 of 1887) , S.3, S.4— Scope - Rules u/S.3 - U.P. Suits Valuation Rules (1942), R.3(e) - Suit for possession of land only without claiming any relief in respect of buildings and garden standing thereon - Whether affects buildings and garden within meaning of S.4 - Market value of buildings and garden should be included in valuation for jurisdiction in view of R.3(e). AIR 1957 All 337 Overruled. Uttar Pradesh Suits Valuation Rules (1942) , R.3(e)— The plaintiff brought a suit in the Court of the Munsif whose pecuniary jurisdiction extended to Rs. 5000/- for possession of the land only mentioned in A schedule to the plaint and a house mentioned in B schedule. The valution for purposes of jurisdiction put by the plaintiff was below Rs. 5000/-. The plaintiff had not included in the valution the value of the buildings and a garden existing on the land as he did not claim any interest or relief in respect of them. The defendant contended that he had constructed the buildings and the garden at a cost of Rs. 10000 and their value should be included in the value for purposes of jurisdiction. So valued the suit was beyond the pecuniary jurisdiction of the Munsif. The contention was accepted by the Munsif and the plaint was returned for presentation to the proper Court. Held that (i) though the plain....