MANNU DAS Vs. KISTO DAS

JUDGEMENT

(1.) This is an application by the defendants against an order passed by the First Additional Munsif. Bhagalpur. on 24-4-1982 in the valuation matter for the purpose of jurisdiction.

(2.) The plaintiffs opposite party have instituted Title Suit No. 159 of 1979 for declaration of title and recovery of possession in respect of land measuring 21/2 Kathas with a house thereon situate in the town of Bhasalpur, within its Municipal area. Shortly stated, the plaintiffs' case is that they had purchased the land along with the house on 3-7-1948 by a registered sale deed for a sum of Rs. 600 and they came in possession over the house. The plaintiffs were later approached by Mosst. Jichhia and Mosst. Tetari and the plaintiffs sold the land and the house for a sum of Rs. 700 by a registered sale deed dated 2-8-1948. Plaintiffs' further case is that the two widows named above could not arrange for the consideration money and the above sale deed was cancelled by the plaintiffs.

(3.) The defendants-petitioners are maternal grandsons of Mosst. Jichia. Mosst. Tetari sold her share in the land and the house to Panchoo Das, father of the petitioners, by a registered sale deed dated 3-5-1956 for a consideration of Rs. 1,000. The petitioners thereafter came in possession over the entire disputed land and the house. In the written statement filed on behalf of the defendants-petitioners, it was alleged that the suit had not been properly valued for the purpose of jurisdiction. They put the valuation of the suit property at Rs. 17,000/-.