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1926 Supreme(Cal) 309
CALCUTTA HIGH COURT
Golam Rahman Mondal - Appellant
Versus
Sm. Sabekjan Bibi - Respondent
Decided On : 14-06-1926
The plaintiff's entitlement to put his own valuation of the suit and the jurisdiction of the learned Munsif to deal with the matter.
Headnote:
Valuation - Indian Registration Act - The plaintiff is entitled to put his own valuation of the suit, as the suit was not with regard to any land or interest in land but to get a certain document registered under section 77 of the Indian Registration Act.
Fact of the Case:
The plaintiff is entitled to put his own valuation of the suit. The suit is not with regard to any land or interest in land. The sole object of the suit was to get a certain document registered under section 77 of the Indian Registration Act.
Finding of the Court:
The court found that the learned Munsif had full jurisdiction to deal with the matter and made the rule absolute, sending the case back to the Court of first instance for hearing on the merits. The petitioner is entitled to his costs of this rule.
Issues: The valuation of the suit and the jurisdiction of the learned Munsif to deal with the matter.
Ratio Decidendi: The plaintiff is entitled to put his own valuation of the suit, and the learned Munsif had full jurisdiction to deal with the matter.
Final Decision: The rule is made absolute and the case is sent back to the Court of first instance for hearing on the merits. The petitioner is entitled to his costs of this rule.
JUDGMENT
1. In this case we are of opinion that the plaintiff is entitled to put his own valuation of the suit. The suit is not with regard to any land or interest in land. The sole object of the suit was to get a certain document registered. It was brought u/s 77 of the Indian Registration Act. The plaintiff valued the suit at the value of the property as mentioned in the document. Under the circumstances we are of opinion that the learned Munsif had full jurisdiction to deal with the matter. The rule is therefore made absolute and the case is sent back to the Court of first instance for hearing on the merits.
2. The petitioner is entitled to his costs of this rule. Hearing-fee, two gold mohurs, costs of the lower Courts will abide the final result.
