Judgment

MAHAJAN, J. : These two appeals were presented to the Judicial Committee of the State and are now before us under Art. 374 (4) of the Constitution.

2. On 30-1-1913 a suit was brought by the father of the present plaintiffs against the present appellants for a declaration of his title in respect of three survey numbers, 36, 38 and 54, which were assessed at Rs. 84/- land revenue. It was also prayed that a sale deed that had been executed in respect of this property by defendants 1 and 3 in favour of defendant 2 be cancelled. The defendants denied the plaintiffs claim. They pleaded that the plaintiff was not a shikmedar in the land in suit and that he was not the owner of it under any sale deed and was not in possession of it. Issues 2 and 3 in this suit were in these terms :

"2. Whether the plaintiff is in possession as a shikmedar on half of the land in dispute and whether the other half was sold in his favour by the pattadar in the sum of Rs. 64/- and therefore he is in possession as an owner of the whole of the land in dispute.

3. Whether defendant 1 was competent to execute a sale deed of the land in favour of defendant 2."

The valuation of the suit for purposes of jurisdic