1970 PLP 384 (SCMR)

WAHIDUDDIN AHMAD, J.‑This order will dispose of Civil Petitions for Special Leave to Appeal Nos. 337 and 338 of 1969, which arise from a common judgment of the High Court of West Pakistan, Lahore, in ‑Regular Second Appeals Nos. 490 and 491 of 1969, decided on the 3rd July 1969. By this judgment, a Division Bench of the West Pakistan High Court, dismissed the appeals filed by the petitioner. The petitioner sold two pieces of land measuring 53 kanals, 14 marals and 56 kanals, 6 marlas, situated in Mauza Dharamwala, District Sahiwal, by means of two registered sale deeds dated the 2nd March 1964 and 17th September 1963, for Rs. 7,000 and Rs. 8,000 respectively to Sardar Muhammad etc., and Muhammad Ali etc., respondents. On the 7th September 1967, he brought two Civil Suits Nos. 289 and 290 of 1967 in the Court of Qazi Muhammad Latif, Civil Judge, First Class, Pak pattan, District Sahiwal, for declaration that the above sale deeds were void on the ground that at the time of impugned sales, he was suffering from mental disease and was admitted in the Mental Hospital, Lahore. He further alleged that he had received no consideration and that the alienation in question was the result of fraud on the part of the respondents. He, therefore, sited for possession of the above mentioned lands. Objection was raised by the respondents that the plaints have not been properly valued for the purposes of court‑fee and jurisdiction and the suits were not within time. The learned Sub‑Judge, by two separate judgments dated the 6th May 1968, dismissed both the suits. It was held that the annual net profit of the land in question was Rs. 319.17 and the valuation of the suit for the purposes of court‑fee and jurisdiction was 15 times of the said amount. The suit was thrown out as barred by time as the petitioner failed to lead any evidence to support his contention that he was insane at the time when the alleged sales were made. Being aggrieved by the judgment of the Civil Judge, the petitioner filed two appeals before the Additional District Judge, Sahiwal, which were dismissed on the 8th March 1969, on the ground that the appeals were insufficiently stamped. These decisions were challenged in the High Court of West Pakistan, Lahore, in the aforesaid two Regular Second Appeals and a Division Bench of the West Pakistan High Court, by judgment dated the 3rd July 1969 dismissed the appeals in limine. The petitioner seeks permission to file an appeal against the said order. In support of the petitions Sardar Ataullah, learned counsel for the petitioner, has contended that the learned Additional District Judge should have granted time to the petitioner to make up the deficiency in the court‑fee. He contended that an oral request was made to the said Court but no action was taken on it. This plea did not find favour with the High Court. After going through the judgments of the Courts below, we are satisfied that the learned Additional District Judge has exercised the discretion vested in him properly. It will be noticed that the learned Subordinate Judge has clearly given a finding that the suits for the purposes of court‑fee and jurisdic tion should have been valued at 15 times on the amount of Rs. 319.17. In the face of this clear finding it was the duty of the petitioner to fix proper court‑fee on the appeals filed by him in the Court of the Additional District Judge, Sahiwal. In these circumstances, no exception can be taken to the finding of the Courts below that the appeals filed by the petitioner were insufficiently stamped. The petitions are dismissed. Petitions dismissed.