PROBODH CHANDRA ROY Vs. HARA HARI ROY

JUDGEMENT

(1.) This is an application under Article 133(1) of the Constitution of India for leave to appeal to the Supreme Court. The applicant was defendant No. 1 in a partition suit.

(2.) It is stated that the value of the properties, which were sought to be partitioned, was Rs. 59607/-. There is no dispute that the applicant's share is one-half. That being so, the value of the subject-matter in dispute in the court of first instance and in the proposed appeal is well over Rs. 20,000/-, even according to the principle that the valuation of appeals arising out of suits for partition is the valuation of the appellant's share.

(3.) The next question is whether the judgment sought to be appealed from is one of affirmance. It was on that point that the entire argument before us was concentrated.