Sulochana vs. Harinder Singh & others CS No. 14 of 2023 17.06.2025 Present: Mr. P.S. Goverdhan, Sr. Advocate with Mr. Rakesh Thakur, Advocate, for the plaintiff. Mr. Anand Sharma, Sr. Advocate with Mr. Karan Sharma, Advocate, for the defendants. The instant suit has been filed for the following reliefs:- “i) A decree for recovery of Rs. 1,18,29,359/- (rupees one crore eighteen lakh twenty nine though three hundred fifty nine only) on account of sale consideration amount along with future interest against the defendant No.1. ii) A decree for declaration to the effect that the sale deed No. 298 dated 30.7.2021 is wrong, illegal and void abinitio having no binding effect on the right, title and interest of the plaintiff and also the consequent mutation attested and sanctioned on the strength of the aforesaid illegal sale deed bearing mutation No.109 dated 19.9.2021 is also wrong and illegal having no binding effect on the plaintiff. iii) A decree for declaration to the effect that the plaintiff is co-sharer in joint possession of the suit land to the extent of her one share out of 1062 share in the land comprising Khata/Khatauni No.7/8 Khasra No.2, 40, 42, 46, 98/47, 59/47, 49 and 51 measuring 10 biswansi (share of the plaintiff) out of total area measuring 26-11. 00 bighas, land situated in Mauja Banani, Tehsil Kasauli, District Solan HP. And also a decree for possession of the suit land. iv) A decree for declaration to the effect that the General Power of Attorney bearing registration No.234 dated 31.7.2010 since revoked vide revocation deed No.181 dated 10.6.2022 registered with the office of Sub Registrar Solan as such the defendant No.1 is no more authorized to act on the revoked document in any manner whatsoever. (v) A decree for permanent prohibitory injunction ma) also be passed in favour of the plaintiff and against the defendants thereby restraining the defendants from causing any interference in the suit land or to cause any waste or damage or to change the nature thereof and also from restraining the defendants to create any charge or to alienate the suit land comprised in Khata/Khatauni No.7/8 Khasra No.2, 40, 42, 46, 98/47, 59/47, 49 and 51 measuring 10 biswansi (share of the plaintiff) out of total area measuring 26-11-00 bighas, land situated in Mauja Banani, Tehsil Kasauli, District Solan HP either by the defendants themselves or through their agents, servants, assignees, contractor, family members, person or persons, whosoever in any manner whatsoever. vi) Any other relief which the Hon'ble Court deems fit in the facts and circumstances of the case may please also be granted in favour of the plaintiff and against the defendants, in view of the submissions made hereinabove, in the interest of justice.” 2. For relief No. (i), the plaint has been valued for the purpose of jurisdiction of Rs. 1,18,29,359/-. 3. The averments made in the plaint reveal that the plaintiff is seeking recovery of the amount from defendant No.1 on account of sale deeds executed by the said defendant as a general attorney of plaintiff. The details of five sale deeds have been provided in para-6 of the plaint. 4. The cumulative value of all the sale deeds is Rs. 16,00,000/-. When the learned Senior Counsel for the plaintiff has been confronted as to how the plaint could be valued of Rs. 1,18,29,359/-, he fairly conceded that there was some mis-calculation of the amount of interest and admittedly, the amount recoverable from the defendants will be less than the amount to which the pecuniary jurisdiction of this Court extends. That being so, this Court having no pecuniary jurisdiction to try and decide the instant suit and is left with no other alternative but to return the plaint to the plaintiff to be presented in the Court in which the plaint should have been instituted. The Registry to take follow up action in terms of Sub-rule 2 of Rule 10 of Order 7 of the CPC. 5. The defendants have filed an application under Order 7 Rule 11 of CPC for rejection of plaint, which shall remain alive and will be decided by the Court having jurisdiction to decide the same. (Satyen Vaidya) Judge 17th June, 2025 (kck)