Dalip Singh, J. - (1.) Heard learned counsel for the parties. The question which has been raised in this revision petition is regarding the valuation of the suit and consequent jurisdiction of the suit being entertained before the District Judge and now having been transferred before the Additional District Judge (Fast Track) No. 5, Jaipur City, Jaipur. The defendants-petitioners who are the tenants have challenged the order by which the application filed by the defendants-petitioners under Order 7 Rule 10 CPC has been rejected.
(2.) The submission of the learned counsel for the petitioners is that agreed rent is Rs. 35/- and, therefore, the annual rent for determining the valuation of the suit would be Rs. 420/- and, therefore, the suit valued at the aforesaid amount was not liable to be filed before the District Judge as the pecuniary jurisdiction of the District Judge is above Rs. 50,000/-.
(3.) Learned counsel for the non-petitioners plaintiffs-landlord, on the other hand, submitted that the plaintiffs have filed the suit for determination of standard rent. As per the averments made in the plaint, more particularly paras 5 and 8 of the plaint, the plaintiffs-petitioners have claimed standard rent to be determined at the rate of Rs. 12,397/- per month and, therefore, in terms of Section 45 of the Rajasthan Court Fees and Suits Valuation Act for the purposes of the suit for determination of standard rent the residuary provision of the Act are applicable, the court fees has been filed accordingly. It was also submitted that in case Section 41 of the Rajasthan Court Fees and Suits Valuation_,Act is applicable which relates to the suits between landlord and tenant for enhancement of rent, it has been provided in the said provision that fees shall be levied on the amount of rent or the immovable property payable for the year next before the date of presenting the plaint. Accordingly, it is contended that the decree which is being sought is for the standard rent to be determined @ Rs. 12,397/- per month and in terms of clause (b) of sub-section (1) of Section 41, the plaintiff is required to assess the valuation of the plaint/suit for the amount payable for the year next before the presentation of the plaint and it is submitted that the said amount comes to Rs. 1,48,764/-. Thus, the valuation of the suit far exceeded the pecuniary jurisdiction of Rs. 50,000/- which is the pecuniary jurisdiction of the court of District Judge.;