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1981 Supreme(Cal) 41

B.N.MAITRA
SAMBHU NATH SINGH – Appellant
Versus
SANKARANANDA BANERJEE – Respondent


Advocates Appeared:
A.N.BOSE, Hazari Prosad Roy Chowdhury, MANINDRA NATH GHOSH, Parimal Kumar Pahari, RANADEB CHOUDHURY

B. N. MAITRA, J.

( 1 ) ON the 2nd September, 1963, one Tapan Kumar Banerjee auction purchased the disputed property appertaining to the R. S. Plot No. 574/650 for Rs. 27,100/ -. One Ram Chandra Singh, predecessor of the petitioners, challenged that auction sale and filed Misc. Case No. 33 of 1966. Eventually that Misc. Case was compromised and Tapan Kumar's title admitted. The latter agreed to purchase the property for Rupees 32,000/ -. Instead of acting up to his agreement, Ram Chandra remained in unauthorised occupation of the property. On the 17th January, 1975, the plaintiff purchased that property for Rupees 25,000/ -. Shortly after that date he filed this title suit against Ram Chandra for recovery of possession describing him as a trespasser and valuing his relief at Rs. 1,300/- only. The defendant's objection is that the valuation of the disputed property exceeded the pecuniary jurisdiction of the court.

( 2 ) THE learned Munsif heard the parties and decided against the defendant. Hence this revisional application by the defendant.

( 3 ) MR. Manindra Nath Ghosh has contended for the petitioner that the case is not covered by clause (a) of paragraph (vi) of Section 7 of t










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