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MOHAMAD AKRAM, B. K. MUKHERJEA
Iswar Chandra Saha – Appellant
Versus
Chulo Garo – Respondent
JUDGMENT
Mohamad Akram, J. - This rule is directed against an order of the third Subordinate Judge of Mymensingh affirming on appeal the order of the second Munsif of Mymensingh (sadar) returning the plaint of 4he petitioners under Order 7, Rule 10, Civil P.C., on the ground that the Court had no pecuniary jurisdiction to entertain it. The suit was for declaration of title and recovery of possession of certain lands and for mesne profits. The plaint stated inter alia that the net profit from the land was Rs. 350-14-6 per year but that the market value of the land was only about Es, 1200; the claim for mesne profits was made at Rs. 1000 and the total valuation of the suit was thus laid at Rs. 2200. The defendants filed a written statement contesting the suit and took the plea inter alia that the lands were much under-valued and that the court-fee paid was also insufficient. Issue No. 1 framed in the suit was as follows:
Has the suit been properly valued and stamped? Has the Court pecuniary jurisdiction to try the suit?
2. This issue was taken up for trial first and upon a consideration of the evidence adduced the learned Munsif came to the conclusion that the correct valuation of the
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