MURLI BHAGAT Vs. VIJAY KUMAR SINHA

JUDGEMENT

(1.) This application is directed against the order dated 24-34983, passed by Sri D. Pandey, Ist Additional Munsif, Darbhanga, in Title Suit No. 135 of 1983 whereby and whereunder he accepted the valuation of the suit as given by the plaintiff-opposite parties in their plaint. The plaintiff filed aforementioned suit for declaration of title and recovery of possession for the suit property. He valued the suit at Rs. 1,500 having filed their written statement containing inter alia that the valuation of the suit property was Rs. 40,000. The valuation of the suit property was taken up as a preliminary issue, as both the parties adduced their respective evidences.

(2.) The learned court below relied upon a Full Bench decision reported in AIR 1987 Patna 156- Md. Alam and Ors. v. Gopal Singh and Ors. wherein it has been held that the valuation given by the plaintiffs should be accepted ordinarily but it is the duty of the court to see that such valuation is not arbitrary and under estimated deliberately.

(3.) The learned court below, therefore, has held: