RAMU Vs. RANA VIDYA BHUSHAN SINGH

JUDGEMENT

(1.) This is a petition for obtaining a certificate of fitness for appeal to the Hon'ble Supreme Court against the judgment and decree of this Court in Regular First Appeal No. 5 of 1958 in part dismissing the appeal filed by the petitioner. The respondents had filed a suit for recovery of possession of the property detailed in the plaint and for recovery of Rs. 7,200/- as past mesne profits. The main allegations were that respondent No. 1 was the owner and respondent No. 2 was the tenant of the disputed land and that the petitioner had taken forcible possession of the said land in 1950, The defence, in the main, was that the petitioner was the tenant of the disputed land and the suit was not entertainable by a civil Court and that the damages claimed were in any case excessive. The trial Court decreed the suit for recovery of possession and for a sum of Rs. 6,995/- as past mesne profits. On appeal, the decree passed was modified to this extent only that the claim for mesne profits was decreed for recovery of a sum of Rs. 4,372/- and the parties were made to receive and pay costs in proportion to success and failure.

(2.) The plaintiffs-respondents had for the purposes of jurisdiction valued the relief for recovery of possession at Rs. 3,210/15/- and the relief for mesne profits at Rs. 7,200/-. The petitioner had fixed the value of the appeal for purposes of jurisdiction at Rs. 9,915/-, although in view of the reliefs claimed the value should have been fixed at Rs. 8,065/5/-, i.e. Rs. 1070/5 re: relief for possession and Rs. 6,995/- re: the relief for mesne profits.

(3.) The relevant portions of Article 133 of the Constitution of India and of Sections 109 and 110, Civil Procedure Code, run as below:-