JUDGMENT :

P.K. Mohanti, J. - This civil revision is directed against a decision regarding pecuniary jurisdiction of the court' to try the suit.

2. The opposite party No. 1 as Plaintiff brought Title Suit No. 117 of 1978 for a declaration of his occupancy right over the suit land and for some consequential reliefs. The suit land is ten acres in extent The suit was valued at Rs. 200/- for the relief of declaration of title and Rs. 10/- for the relief of permanent injunction. The Petitioner who was Defendant No. 4 in the suit filed written statement contending, inter alia, that the market value of the suit land being more than Rs. 20,000/- the learned Munsif of Kendrapara had no pecuniary jurisdiction to try the suit.

3. The question of pecuniary jurisdiction of the court was taken up as a preliminary issue and the learned Munsif came to hold that the market value of the suit land would not exceed Rs. 2,000/- and hence the suit was within his pecuniary jurisdiction. Aggrieved by this decision, the Defendant No. 4 has come up in revision. It is urged on behalf of the Petitioner that the learned Munsif having overlooked material evidence on the record his decision has been erroneous.

4. Th