HIGH COURT OF HIMACHAL PRADESH
Click here to view full judgement.
Bannerji, J. -
(1.) This revision, which is directed against a judgment and decree of the Senior Subordinate Judge, Kasumpti, dated 29th April 1949, relates to the ownership of 14 biswas of land out of Khasra No. 4, Khata no. 7 of village Bagra (Theog), which is claimed, on the one hand, by the petitioners (Daulatia and Sita Ram) Page 1 of 8 Daulatia and Anr. vs. Jaiya (24.08.1949 - HPHC) and on the other, by the opposite party, Jaiya, by whom the suit was commenced on 7th August 1947.
(2.) The dispute, which relates to ownership and possession of land, was properly cognizable by the Subordinate Judge of Theog. He dismissed the suit on 15th October 1948. On 20th November 1948, an appeal was taken to Shri Jagannath Bhagat, District Judge, Mahasu, under Section 31 (a), Himachal Pradesh (Courts) Order, 1948, which had come into force on 15th August 1948. By the said section, it was enacted that;
"Appeals from decrees of Courts exercising original jurisdiction shall lie, (a) from a decree of a Subordinate Judge in a suit of value not exceeding five thousand rupees, to the Court of the District Judge."
(3.) Though the value of the appeal was of a very small sum of RS. 1/6/6 (Rupee one, annas six and six pies) only, yet under the existing law, it was cognizable by the District Judge, Mahasu. Accordingly, it was pending in his Court.;
Copyright © Regent Computronics Pvt.Ltd.