KRISHNA PRASANNA ROY Vs. SATYABATI ROY

JUDGEMENT

(1.) This is an application under Section 115 of the Code of Civil Procedure by defendants 1 and 2, challenging the order of the Munsif in the valuation matter.

(2.) The suit of the plaintiffs-opposite party Nos. 1 and 2 is for a declaration that the sale deed dated 23-3-1966 executed by plaintiff No. 1 in favour of defendants Nos. 1 and 2 with respect to the suit lands was tainted with fraud and was, therefore, inoperative and fit to be cancelled. The consideration mentioned in the sale deed was Rs. 2,500/- and the suit filed in the year 1967 was valued at Rupees 2,500/- in terms of the valuation mentioned in the impugned sale deed.

(3.) The petitioners raised an issue on the question of valuation. According to them, the suit was beyond the pecuniary jurisdiction of the Munsif.