AJMER SINGH ETC Vs. BEHAL SINGH ETC

JUDGEMENT

(1.) Ajmer Singh, the present petitioner, filed a suit in the Court of Subordinate Judge, Mansa, for possession of agricultural land measuring 87 kanals 15 marlas, situated in village Man Bibrian, Tehsil Mansa and for declaration that the declaratory decree dated April 7, 1973, got passed by his son, Nazir Singh, defendant No. 4, in favour of his sons, defendant Nos. 1 and 2, in capacity as his General Attorney, by making a wrong statement, was void and had no effect on his rights.

(2.) A preliminary objection with regard to the value of the suit for purposes of Court-fee and jurisdiction was raised by the defendants and the trial Court, relying on Shamsher Singh v. Rajinder Parshad and others, 1973 AIR(SC) 2384 held that in such a suit, the property should be valued ad valorem. As neither party had pleaded the market value of the suit property, the trial Court also framed the following additional issue :-

(3.) Ajmer Singh, the plaintiff, being aggrieved with the aforesaid order of the learned Subordinate Judge, has filed this civil revision.