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1952 Supreme(Pat) 11

REUBEN, LAKSHMIKANTA JHA
Kashi Prasad – Appellant
Versus
Baiju Paswan – Respondent


Judgment

Lakshmikanta Jha, J.

1. This application in revision is by the plaintiffs. The suit giving rise to this application was for specific performance of a contract of sale of certain land and for possession thereof with mesne profits from the date of the institution of the suit.

2. The plaintiffs case, in short, is that the defendants first party entered into an agreement in writing and contracted to sell to them the land in dispute by a certain date for a consideration of Rs. 1700.00 but they did not perform the contract and sold the land to the defendant second party and put him into possession thereof. On these allegations the suit was instituted in the court of the 2nd Munsif at Bhagalpur, the pecuniary limit of whose juris-diction was Rs. 2000/-.

3. The suit was valued at Rs. 1709/-, the amount of the consideration money, and court-fee was. paid thereon under Section 7(x)(a), Court-fees Act. It may be stated that this amount was also the value for the purpose of jurisdiction under Section 8, Suits Valuation Act.

4. There was a dispute as regards the amount of court-fee payable on the plaint. The contention of the defendants was that the suit should be valued according to th



















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