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1960 Supreme(Pat) 21

K.SAHAI, R.K.CHOUDHARY, V.RAMASWAMI
Shyam Nandan Sahay – Appellant
Versus
Dhanpati Kuer – Respondent


Judgment

R.K.Choudhary, J.

1. Defendants second party are the petitioners. The plaintiffs opposite parties 1 and 2 instituted Title suit No. 143 of 1953 against the petitioners and opposite parties 3 to 22 in the First Court of the Munsif at Muzaffarpur on 2-9-1953 for declaration of their title to, and for joint possession with the opposite parties 15 to 22 over, the lands in suit by dispossessing the petitioners and opposite parties 3 to 14 or whichever of them be found to be in possession thereof. They also made a prayer for a decree of mesne profits, past and future. The suit was valued at Rs. 825/- and filed before the Munsif, First court who had pecuniary jurisdiction to try suits up to value of Rs. 2000 only. The petitioners filed a written statement contesting the suit on various grounds, including one of valuation. They stated that the valuation given by the plaintiffs was too low and, on a proper valuation the Munsif, First court would have no jurisdiction to try the suit. An issue regarding the valuation of the lands in suit was also raised. In February, 1955, the suit was transferred by the District Judge of Muzaffarpur to the court of the Execution Munsif at Muzaffarpur















































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