JAGDISH SAHAI, J. :- In the application No. 116 of 1966 made by defendant-petitioner under Art. 133 (1) (b) and (c) read with Art. 135 of the Constitution of India, the questions raised were whether in the circumstances of the case a certificate could be granted under Cls. (b) and (c) of Art. 133 (1) of the Constitution. Mr. Saksena learned counsel for the defendant-petitioner conceded before the Division Bench before which the matter had originally came up that Cl. (a) does not apply.

2. The facts giving rise to this application in short are that the plaintiff-opposite party filed suit No. 54 of 1946 in the Court of Munsif (City) Saharanpur for the possession over a plot of land situate in the city of Saharanpur after demolition of certain constructions made by the defendant-petitioner. The suit for the purpose of jurisdiction was valued at Rs. 1500 in the plaint.

3. In the written statement, it was pleaded that the value of the constructions made by defendant-petitioner was Rs. 7000.

4. The learned Munsif held that the correct valuation of the constructions made by defendant petitioner on the land in dispute was Rs. 6,000.

5. Mr. Saksena contended before the Division Bench