Preliminary issues
Chetan Pardakhe
(Querist) 08 October 2011
This query is : Resolved
Facts :- That A purchased 1 hectre land from B out of 1.83 HR in 2005 at Rs. 50,000/-. But fails to mutate his name in Revenue Records. BUT
B in 2007 sold the complete land i.e 1.83 HR to C at Rs. 1,87,000/-
AND Further on 2008 C sold the Land to D at Rs. 2,50,000/-
The A filed the suit for Declaration, Possession of the area 1.00 hectre
But the defendant raised the preliminary objection about the pecuniary jurisdiction in respect of the valuation of sale deed of Rs, 1,87,000 & 2,50,000/- respectively.
The court passed an order and frame preliminary issues as :
PRELIMINARY ISSUES
1) Whether the suit is properly valued ? if not what is the correct valuation ?
2) Whether this court has pecuniary jurisdiction to entertain the suit ?
3) What order
All these 3 issues shall be decided as preliminary issues before deciding application for Temporary Injunction. Both the parties at liberty to adduce any evidence
My Query is : what I have to do ?
Which type of evidence I have to adduce
Pls guide urgent
ajay sethi
(Expert) 08 October 2011
1)you will have to find what was the prevalent market rate of property during the relveant period .
sale deeds made in equivalent areas in last 6 months .
2)if you have filed suit in lower court and pecuniary jurisdction is limited to say rs 50,000/ only then that court will have no jurisdiction to entertain complaint if market value on said date was more than Rs 50,000
3) by affidavit place evidence on record .
M V Gupta
(Expert) 09 October 2011
You may file valuation certificate from an approved valuer for the value of the one Hr. land which u purchased in 2005.The certificate should be for the value as prevailing in 2005. This together with the other evidence of sale deeds executed during the year 2005 for similar properties should be sufficient to satisfy the court.
