KALACHAND BISWAS Vs. MUNSHI MOBARAK HOSSAIN BISWAS

JUDGEMENT

(1.) This is a revisional application under Section 115 of the Code of Civil Procedure. The question raised relates to the valuation of the suit in question for the purpose of court-fees. The plaintiff, who is the petitioner in this Court, instituted the suit for specific performance of a contract for exchange and for permanent injunction restraining the defendants from interfering with his possession. The suit land measures about 72 Bighas in several lots. According to the petitioner he is a refugee from East Pakistan and he had considerable lands in East Pakistan and he arranged with Mobarak Hossain, defendant No. 1, to exchange Mobarak's land in the district of Nadia in West Bengal with the petitioner's land falling in what is now Kusthia district in East Bengal, and deeds of agreement were actually executed between the parties and possession of the respective lands was delivered. On the basis of these arrangements Kalachand, the plaintiff, obtained possession of the suit hinds with which we are concerned, and delivered possession of his lands of Kusthia district to defendant No. 1, Mobarak Hossain. According to the plaintiff the deeds of exchange were to be executed separately in India and Pakistan and ostensibly they were to be executed as sale deeds with a consideration of Rs. 2150/-. In that view the plaintiff valued the suit at Rs. 2150/- and paid court-fees thereon. This would be the correct valuation if the case be governed by Section 7 (x) (a) of the Court-fees Act.

(2.) Some defendants other than defendant No. 1, Mobarak Hossain, appeared in the case and claimed that they were in possession of several lots out of the suit lands on the basis of subsequent sale deeds executed by defendant No. 1, Mobarak Hossain. They claimed that the suit had been insufficiently valued and that the case would not be governed by Section 7 (x) (a) of the Court-fees Act but that the suit should be valued on the subject-matter of the suit, that is on the value of the 72 Bighas of lands. The learned Munsif agreed with the contentions of the appearing defendants and he held that the valuation given by the plaintiff in the plaint was insufficient and he directed that a commission be issued under Section 8-C of the Court-fees Act for ascertaining the valuation of the suit property.

(3.) Against that order the plaintiff as petitioner has filed this revisional application.