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1957 Supreme(All) 83

MOOTHAM, RAGHUBAR DAYAL, SRIVASTAVA
SHANTI PRASAD – Appellant
Versus
MAHABIR SINGH – Respondent


Advocates Appeared:
A.K.KIRTY, SHANTI BHUSHAN

SRIVASTAVA, J.

( 1 ) THIS application in revision has been referred to a Full Bench in order to secure an authoritative decision on the question whether when determining the valuation of a suit for possession of land, for purposes of jurisdiction it is necessary to take into account the value of garden and building which stand on the land.

( 2 ) THE facts so far as they are necessary for our present purpose are not in dispute. Chaudhary baldep Singh was the owner of the properties mentioned in lists a and b of the plaint. The property in list a consists of 13 bighas 6 biswas pokhta of zamindari land, while the property in list b consists of a house. Chaudhary Baldeo Singh died in 1901 leaving a widow, Srimati parbati. She transferred the land and the house in dispute to the predecessor of the defendants. After her death, the plaintiff Chaudhary Mahabir Singh filed a suit for possession over the land and the house on the ground that he was the nearest reversioner of Chaudhary Baldeo Singh and the transfer made by Srimati Parbati in favour of the defendants predecessor being without consideration and without legal necessity was not binding upon him. He filed the suit in the court of

























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