KULSUMUNN-ISAN Vs. KHUSHNUDI BEGUM

JUDGEMENT

(1.) THIS is an appeal by a plaintiff under Section 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. :

(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 Commissioner's 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 Commissioner's report. Dissatisfied with this order, the plaintiff has preferred this appeal.

(3.) THE defendants have filed a cross-objection and their contention is that the market value of the land in question should be fixed at Rs. 60,000/ -.