K C SAHA Vs. R K BANERJEE

JUDGEMENT

(1.) By this application the defendant has challenged the order dated 10th May, 1980 passed by the Munsif, Jamshedpur by which he has held that the valuation of the suit has been made correctly by the plaintiff and it is within its jurisdiction.

(2.) The opposite party (i.e. the plaintiff) filed a suit for eviction of the petitioner--the defendant, on the ground that the petitioner is a licensee under the opposite party. A prayer has also been made for a decree for compensation and for mesne profits. The petitioner contested the suit by filing written statement. According to the petitioner, he is a tenant in respect of the suit property at a monthly rental of Rs. 175/-under the real owner. It may be stated here that there is no dispute that Dr. S.K. Sarkar is the owner of the property. The petitioner also stated that the value of the property in suit was more than Rs. 20,000/- and therefore, the suit is beyond the pecuniary jurisdiction of the Munsif.

(3.) The question of valuation was heard by the court below as a preliminary issue and by the impugned order it has held that the valuation as put by the plaintiff (i.e. Rs. 960/-) with regard to the property in suit was correct.