Mohammad Sidiq Kantroo vs Ghulam Rasool Kantroo

Sanjeev Kumar, J

1) In the instant petition, petitioner seeks transfer of a civil suit titled "Ghulam Rasool Kantroo Vs. Mohd Sidiq Kantroo & Ors" pending in the Court of Sub Judge (Mobile Magistrate), Pulwama, to any other Court of competent jurisdiction. The transfer has been sought by the petitioner on the ground that the parties to the suit reside in Tral and the subject matter of suit is also situated in Tral.

2) Learned counsel for the petitioner submits that it is the Court of Munsiff, Tral, shall alone has the jurisdiction to try the suit. He further submits that it is otherwise also convenient to the parties to attend the Court in Tral.

3) Having heard learned counsel for the petitioner and perused the record, I am of the view that the suit pending before the Court of Sub-Judge, Pulwama, cannot be transferred to the Court of Munsiff, Tral, for the reason that the Munsiff does not have the pecuniary jurisdiction to try the suit.

4) From the perusal of the copy of plaint placed on record by the plaintiff, it clearly transpires that the plaintiff has valued the suit, for the purposes of Court fee and jurisdiction, at Rs.26,000/ and that takes away the jurisdiction of learned Munsiff. The Court of Sub Judge, Pulwama, is within district where the suit property is situated. I do not see any reason or justification to transfer the suit from the Court of Sub-Judge, Pulwama, to any other Court, particularly the Court of learned Munsiff, Tral.

5) For the aforesaid reasons, instant petition is found to be without any merit and is, accordingly, dismissed.