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1956 Supreme(All) 213

DESAI, BEG
ABDUL GHANI – Appellant
Versus
VISHUNATH – Respondent


Advocates Appeared:
J.N.Waghrey, PRATAP NARAYANA BAKSHI

DESAI, J.

( 1 ) THE opposite party filed a suit against the applicant for possession of a piece of land after demolition of a construction made thereon by the applicant. For purposes of jurisdiction and also of court-fee he valued the land only according to its market price; he did not include the value of the construction standing upon it. An objection was raised by the applicant against the valuation and the court-fee paid on the plaint. The Munsif held that the correct value of the land was Rs. 1694/- and ordered the opposite party to increase the valuation to Rs. 1694/- and pay additional court-fee thereon. He assessed the value of the construction at Rs. 4623/- but was of the opinion that it was not to be taken into consideration in deciding the valuation of the suit for purposes of jurisdiction and court-fee. Against his decision the applicant has come up in revision.

( 2 ) THERE is a preliminary objection on the ground that the revision is not maintainable because the learned Munsifs deciding that the valuation of the land is Rs. 1694/- and that court-fee should be paid on that amount does not amount to his deciding a case within the meaning of section 115, C. P C. The oppos








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