This court in a civil revision petition reversed the lower court's jurisdictional objection, holding that valuations in non-claimed sale deeds are irrelevant and the Sub Registrar certificate plus plaint allegations must govern.
Order of below court set aside; suit directed to be numbered for consideration of objection.
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HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO
CIVIL REVISION PETITION No.1601 OF 2013
ORDER:
This Civil Revision Petition is filed against the order, dated 26.02.2013 on the file of the Court of Senior Civil Judge, Nizamabad in rejecting C.F.R No. 299, dated 29.01.2013, regarding the valuation of the suit properties.
The suit was filed for declaration of title, recovery of possession and injunction based on title. Incidentally some alienations, sought to have been made by defendant Nos. 1 to 4 in favour of defendant Nos.5 to 7, were mentioned but there was no relief claimed with regard to those sale transactions. However, the Court below, ignoring the valuation certificate issued by the Sub Registrar, has considered the valuation mentioned in the sale deeds and held that the jurisdictional value is more than the value of the learned Senior Civil Judge, Nizamabad as it comes to nearly Rs.16,00,000-00 and above and therefore, the plaint is returned for presentation before the proper Court.
Evidently, while considering the jurisdiction of the Court with regard to the valuation, the allegations in the plaint have to be taken into consideration. In fact, the valuation on the date of filing of the plaint has to be considered and the certificate issued by the Sub Registrar, about the valuation, shall be the basis. Therefore, when there is no relief claimed with regard to the sale transactions and the value of which is said to be higher, the above view taken by the Court below is not correct. Therefore, the order of the Court below is set aside and the suit is directed to be numbered, if otherwise in order, and the objection can be considered after the
appearance of the defendant, if a valid ground is taken.
Accordingly, the Civil Revision Petition is disposed of at the stage of admission. The miscellaneous petitions, if any, pending in this revision shall stand closed.
______________________________ JUSTICE N.R.L.NAGESWARA RAO,
Date: 12.04.2013 VVR
1 issue framed by the court
Whether jurisdiction is based on plaint allegations and Sub Registrar valuation rather than sale deed values.
Petitioner
Senior Civil Judge, Nizamabad
N.R.L.NAGESWARA RAO
As recorded by the court registry
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