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Judgment
Rajiv Sharma, J.—The oppositeparties No.3 to 5 had filed a suit for partition and permanent injunction in which they have declared the value of property at Rs.800/ and the trees standing over the property was assessed as Rs.200/ on which courtfee was paid in accordance with that.
A preliminary objection has been raised that the suit is under valued but the trial Court has proceeded and rejected the application of the petitioners. Being aggrieved thereof, a revision was preferred which was too dismissed. The evidence had been led by the petitioners with regard to valuation of the property in suit, whereas the learned counsel for the petitioners states that a saledeed has been executed in respect of the property in suit at Rs.1,50,000/ on 7.10.2003 and the Regular suit for partition and permanent injunction was filed on 18.10.2003. Thus the valuation of the property is to be taken into consideration at the prevalent market value on the date the saledeed has been executed.
Thus the trial Court has erred in law in rejecting the application of the petitioners.
Accordingly, the writ petition is allowed and the orders passed by the trial Court as well as the revisional Court are set aside.
(Petition allowed)