HARICHARAN Vs. M. OJHA

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure the defendants/petitioners have called in question the legal propriety of the order dated 28.10.1998 passed by the learned Second Additional District Judge, Bilaspur in Civil Suit No. 22- A/1955.

(2.) THE facts lie in a narrow compass. The non-applicant No. 1 as plaintiff instituted the aforesaid suit for specific performance of contract. It is averred in the plaint that an agreement for sale was entered into between the plaintiff and defendants on 11.11.1994 in respect of the land situate at Khasra No. 757 in village Juna Bilaspur Patwari Circle No. 22, R.I., Circle, Bilaspur. As per the agreement the area of such Khasra has been given 7,830 sq.ft and the rate per sq. ft. is fixed at Rs. 65/-. The applicant filed the written statement. After the written statement was filed certain issues were framed and Issue No. 3 related to valuation of the suit land. Initially, the plaintiff had valued the suit at Rs. 3,08,748/- and paid the Court Fees thereon. As stated in the petition, thereafter the plaintiff got the area demarcated and came to know that it was 6,426 sq.ft. and computed the value, and filed an application for amendment for enhancement of the valuation of the suit land and paid the Court fee of Rs. 4,17,990/-.

(3.) THE learned trial Judge accepted the valuation of the plaintiff and answered the Issue No. 3 in favour of the plaintiff. The said order is the cause of grievance of the present petitioners.