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1982 Supreme(Gau) 13

B.L.HANSARIA
Rakesh Chandra Das, (deceased by LR) and others – Appellant
Versus
Khan Bahadur Abdul Majid Choudhury, (deceased by LR) and others – Respondent


Advocates Appeared:
B. K. Das and S. R. Bhattacharjee

Judgement

This is a civil revision of 1972. It has shaken its dust and has reached, after having passed through various vicissitudes, the stage of final hearing. It is a pity that a matter which is otherwise not very complicated should have taken so long. Partly it seems it is due to the fact that there are a number of opposite parties and it took the petitioner a long time to get the notices duly served on all of them.

2. A suit for partition was filed by the petitioner claiming himself to be an assignee of 1/6th share in the property in question. He valued the suit for the purpose of jurisdiction at a total sum of Rs. 3,000/- of which the value for the suit land and houses was fixed at Rupees 2,500/-. The learned trial court had before it a Kabala showing sale of about 900 square cubits of land at Rupees 18,000/-. At this rate the value of the entire property came to around Rs. 50,000/-. The learned Munsiff felt that far the purpose of jurisdiction the suit must have been valued at that figure because of which he would cease to have jurisdiction. This has been upheld by the learned Assistant District Judge in appeal. The plaintiff has therefore filed this revision.

3. Shri Das, l






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