HADIBANDHU MALLIK Vs. CHANDRA SEKHAR BEHERA

JUDGEMENT

(1.) THE short question that arises for consideration in the suit giving rise to this revision petition is whether the Court of the Munsif Banki has territorial jurisdiction to entertain the suit. The opposite party as plaintiff instituted a suit in the Court of the Munsif. Banki for recovery of Rs. 3,200/-from the petitioner with costs and future interests thereon. His case is that on 22-3-1967, the petitioner borrowed rs. 3,000/- from him on the basis of a usufructuary mortgage in respect of certain properties admittedly situated within the Munsiffi of Khandapara. It is recited in the mortgage bond a copy of which has been produced before me that the plaintiff was to remain in possession of the mortgaged properties and enjoy the usufruct of the land towards interest on the sum advanced. Then follows the recital which may be translated thus:

(2.) IT was alleged in the plaint that the plaintiff remained in possession of the mortgaged lands right up from the date of execution of the bond and was appropriating the usufruct of the lands towards interest due to him but that on 610-1970 the defendant dispossessed the plaintiff from the lands and cut and carried away the crops which he had raised thereon. He, therefore, brought the suit for recovery of the principal amount of Rs. 3,000/- and a further sum of Rs. 200/- being the value of the crops cut and carried away by the defendant on 6-101970, besides future interest thereon and costs of the suit.

(3.) THE defendant traversed all the allegations in the plaint. We are not in this petition concerned with the other defences excepting the one wherein it was contended that the Court has no territorial jurisdiction to try the suit. It may be incidentally mentioned that the defendant resides within the jurisdiction of the munsif of Khandapara while the plaintiff is residing within the jurisdiction of the munsif of Banki and according to the plaint allegation, the principal amount of Rs. 3,000/- was said to have been advanced at the plaintiff's house.