JADUNANDAN JHA Vs. EMPEROR

JUDGEMENT

(1.) THESE two applications in revision arise out of order No. 23, dated the 11th July, 1956, passed by the Munsif, 2nd Court, Patna.

(2.) CIVIL Revision No. 728 of 1956 arises out of Title Suit No. 101 of 1955. It relates to 12 bighas and odd lands. The prayer in the plaint is for a declaration that the lands are raiyati lands of the plaintiff and for permanent injunction. CIVIL Revision No. 732 of 1956 arises out of Title Suit No. 102 of 1955. It relates to 7 bighas and odd lands. The prayer in the plaint is for a declaration that the lands are the bakasht lands of the plaintiff and for permanent injunction. Title Suit No. 101 is valued at Rs. 200/- and Title Suit No. 102 is valued at Rs. 100/- on the prayer for injunction. The cause of action in both the suits is alleged to be interference with the possession of the plaintiffs by the main defendants who are common in both the suits. The plaintiff of Title Suit No. 101 is the husband of the plaintiff of Title Suit No. 102.

(3.) THE question of jurisdiction and valuation was taken up first, and the Court below found the market value of the lands in suit to be much more than its pecuniary jurisdiction. THE Court below, however, held: