Law:

Section:

Keywords: Merits Of The Case, Procedure, Possession, Order, Costs, Recording, Pecuniary Jurisdiction, Jamabandi, Profits, Pre-Emption, Provisions, Copy, Set Aside, Land In Dispute, Land, Trial Court, Evidence, Land Revenue, Jurisdiction, Parties, Dispute JUDGMENT MUNIR A. SHEIKH, J.-This appeal has arisen from preemption suit filed by respondents and is directed against judgment and decree dated 11.3.1984 passed by learned lower appellate Court accepting the appeal of the respondents against judgment and decree dated 20.7.1983, passed by learned trial Court through which the suit filed by the respondents was dismissed. 2. It is not necessary to discuss the facts of the case as also the merits of the case as the appeal is liable to be accepted on a purely legal point. The suit filed by respondents for possession of land through preemption was valued at Rs.81,543.30 for the purposes of Court-fee and jurisdiction vide para 7 of the plaint a certified copy of which is attached with this appeal. This amount was stated to be the 15 times the amount of Rs.5436.22 which was stated to be net profits accrued in the last preceding year in respect of land in dispute. The contents of this para were controverted in the following words: ((Urdu Taxts)) 3. The learned trial Court framed an issue whether the suit for purposes of court-fee was improperly valued. No issue was framed whether the same was correctly valued for the purposes of jurisdiction. The respondents filed appeal before the learned lower appellate Court in which an objection was taken by the present appellants that the said Court was not vested with pecuniary jurisdiction to entertain the appeal as the said Court was vested with jurisdiction to hear the appeals regarding suits the valuation of which was not beyond Rs.50,000.00. This objection was met by the respondents by pointing out that according to the copy of jamabandi for the year 1966-67 placed on the record the land revenue assessed in respect of land was Rs. 194.96 as such 30 the of it became Rs. 5848.80 which under the law was the value of the suit for purposes of jurisdiction as provided in section 3 of the…

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