JADUNANDAN GOPE Vs. SYED NAJMUZZAMAN

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.) In both the suits, the court-fee has been paid under Section 7 (iv) (c) of the Court-fees Act, One objection raised in the written statements of both the suits is that the suit is beyond the pecuniary jurisdiction of the Munsif. According to the defendants, the suits are, in essence, for possession. The further objection is that no arbitrary value could be put but the market value of the lands as determined by the Court should be the proper value for Court-fee and jurisdiction. According to the defendants. Title Suit No. 101 should be valued at Rs. 15,000/-, and Title Suit No. 102 should be valued at Rs. 9,000/-. The plaintiffs themselves had acquired the lands for Rs. 5,000/.