Decided on August 29,2012

LILAWATI Appellant
PREM LATA Respondents


- (1.) HEARD learned counsel for the parties and perused the record.
(2.) BY means of this writ petition, the petitioners have sought a writ in the nature of certiorari to quash the order dated 1 -2 -2005 (Annexure No.1 to the petition) passed by respondent No. 4, whereby the learned trial Court on Preliminary Issue No. 6, framed in O.S. No. 177 of 2002, has held that the court fee paid by the plaintiff on the annual rent of the premises is proper. The Issue No. 6 has been decided in favour of the plaintiff and against the defendant. Relevant facts giving rise to the present writ petition I brief are that Smt. Premlata and Kaushal Kishore, plaintiff -respondent Nos. 1 and 2 filed a suit against the petitioners and Nagar Palika Parishad (respondent No. 3 herein) in the court of Civil Judge (Junior Division) Haridwar, which was registered as O.S.No. 177 of 2002. In the suit, the plaintiffs have sought the relief for possession of the property detailed at the foot of the plaint. In the suit, the defendants -petitioners No. 1 and 2 filed their written statement jointly. In the written statement the defendants have raised a number of pleadings and in paragraph No. 47 thereof, the defendants have pleaded that the suit has been wrongly valued arbitrarily on Rs. 825/ - while the. valuation of the suit should have been made on the market value of the property in dispute and that the court has no pecuniary jurisdiction to try the present suit.
(3.) IT appears that the trial Court has framed preliminary Issue No. 6 on the point of valuation of the suit and payment of court fee. The trial court while disposing of the Issue No. 6 has observed that from a perusal of the record it is evident that the suit has been valued at the rate of annual rent of Rs. 825/ -, on which the court -fee has been paid. The trial Court has decided the issue in favour of the plaintiffs by order dated 1 -2 -2005, which gave rise to the present writ petition.;

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