JANGI SABANI Vs. KAMALDEO RAI

JUDGEMENT

(1.) Title Suit No. 48/30 of 1987, valued at Rs. 7,875/-and Partition Suit No. 211/250 of 1987 valued at Rs. 70,000/- were tried analogous and decided by a common judgment. However, two separate decrees were prepared.

(2.) It appears that the Title Appeal Nos. 103/91 and 106/91 were preferred in the court of the District Judge, East Champaran at Motihari against the two decrees aforesaid respectively. Sharishtedar of the Court objected to the maintainability of both the appeals on the ground of pecuniary jurisdiction. It appears that on 7th September, 1991 the learned District Judge passed order for return of the memorandum of appeal in both the appeals. Thereafter, First Appeal No. 766 of 1991 i.e. the present appeal and First Appeal No. 767 of 1991 were filed in this Court on 16-9-1991,

(3.) The stamp reporter has pointed out that in view of the decision of this Court in Bhim Singh v. Mohan Lal Agrawal V, 1991 BBCJ 459 : 1992 (1) BLJ 141 (RB) (JOB), this appeal is not maintainable in this Court. Learned counsel appearing for the appellant accepts the stamp report.