Dear experts,
My brother and I were co-sharers in land. After verbal partition, I had gifted my share to my son and have possession of my share. Now my brother has filed a suit in the court of civil judge saying that as partition has not occured, my gift deeds should be declared null and void.
I had moved an application under order 7 rule 11 that the court fee should be paid according to the current market rate of the residential land and the case is under the jurisdiction of the revenue court and not the court of the civil judge. The opposite party contended that it is agricultural land not residential so they have paid the right amount.
The civil judge ruled that the land is agricultural and admitted the suit. He overlooked everything. Even the plaintiff's house is built there and it is residential land with residential houses being built. No kind of agriculture is being carried out and even the local development authority masterplan shows it as residential area.
My question to experts is that can I file an appeal in sessions court against the lower court's order. Do I have enough grounds as mentioned above.
What is the time liit for filing such an appeal in this case?
Thanks a lot to the experts for their valuable time.
