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1953 Supreme(All) 183

BRIJ MOHAN LALL
Kulsumunnisan – Appellant
Versus
Khushnudi Begum – Respondent


Advocates:
S.N. Kacker, for Appellant; P.N. Bakshi, for Respondents.

JUDGMENT :- This is an appeal by a plaintiff under S. 6A, Court-fees Act. The appellant instituted a suit in the Court of the Civil Judge of Agra, claiming several reliefs of which the following is the only relevant one viz. :

"That the plaintiff be delivered possession over the land in dispute marked by letters A, B, C, D, E, F, G, H and shown in red colour in the attached plan by dispossessing defendant 1 therefrom and by the demolition of the constructions made unauthorisedly by her in the portion A, H, G of the said land in dispute."

2. This relief was valued at Rs. 6,000/-. A plea was taken in defence by the defendants that the subject-matter of the suit should be valued at Rs. 60,000/- and not Rs. 6,000/-. A Commissioner was appointed by the Court to assess the valuation of the subject-matter of the suit and, according to his report, the subject-matter should have been valued at Rs. 21,445/-. Both parties lodged objections against the Commissioners report. The learned Civil Judge rejected the objections of both parties in a summary judgment and called upon the appellant to pay the deficiency of Rs. 937-8-0 as calculated on the basis of the Commissioners report. Dissatisfied wi
























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