SAMBHU NATH SINGH Vs. SANKARANANDA BANERJEE

JUDGEMENT

(1.) On the 2nd September, 1963, one Tapan Kumar Banerjee auction purchased the disputed property appertaining to the R. S. Plot No. 574/650 for Rs. 27,100/-. One Ram Chandra Singh, predecessor of the petitioners, challenged that auction sale and filed Misc. Case No. 33 of 1966. Eventually that Misc. Case was compromised and Tapan Kumar's title admitted. The latter agreed to purchase the property for Rupees 32,000/-. Instead of acting up to his agreement, Ram Chandra remained in unauthorised occupation of the property. On the 17th January, 1975, the plaintiff purchased that property for Rupees 25,000/-. Shortly after that date he filed this title suit against Ram Chandra for recovery of possession describing him as a trespasser and valuing his relief at Rs. 1,300/- only. The defendant's objection is that the valuation of the disputed property exceeded the pecuniary jurisdiction of the court.

(2.) The learned Munsif heard the parties and decided against the defendant. Hence this revisional application by the defendant.

(3.) Mr. Manindra Nath Ghosh has contended for the petitioner that the case is not covered by clause (a) of paragraph (vi) of Section 7 of the West Bengal Court-fees Act. In fact the provision of paragraph (v) of Section 7 of the Act governs the case and the value of the subject-matter will determine that issue. Even if the paragraph (vi) (a) of Section 7 of the Court-fees Act is applicable, declaration of title is absolutely necessary for the disposal of the suit. In any view of the matter, the suit has not been properly valued. The questions of jurisdiction and classification are also involved. If such decision is allowed to stand, then the suit will be tried by the learned Munsif and there will be a first appeal to the District Judge. If the objection is accepted, then the suit will be tried by the learned Subordinate Judge and there will be a first appeal to this Court.