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1975 Supreme(Pat) 180

HARI LAL AGRAWAL
Krishna Prasanna Roy And Another – Appellant
Versus
Satyabati Roy – Respondent


Judgment

1. This is an application u/s. 115 of the Code of Civil Procedure by defendants 1 and 2, challenging the order of the Munsif in the valuation matter.

2. The suit of the plaintiffs-opposite party Nos. 1 and 2 is for a declaration that the sale deed dated 23-3-1966 executed by plaintiff No. 1 in favour of defendants Nos. 1 and 2 with respect to the suit lands was tainted with fraud and was, therefore, inoperative and fit to be cancelled. The consideration mentioned in the sale deed was Rs. 2,500.00 and the suit filed in the year 1967 was valued at Rupees 2,500.00 in terms of the valuation mentioned in the impugned sale deed.

3. The petitioners raised an issue on the question of valuation. According to them, the suit was beyond the pecuniary jurisdiction of the Munsif.

4. It may be mentioned that the plaintiffs had paid ad valorem court-fee on the value of the relief put by them. The trial Court was called upon to decide the valuation matter as a preliminary issue, and by the impugned order it has reached a finding that "the consideration money mentioned in the sale deed would be the proper valuation of the suit land. ............ Thus the plaintiffs appear to have correctly v





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