TEWARI SINGH Vs. GAYA PRASAD SAH

JUDGEMENT

(1.) This application has been presented to this Court by defendants Nos. 2 to 4 to an action for declaration of title to and recovery of possession of certain property and is directed against the order of the Court below, holding that the court-fee paid is sufficient and that the valuation given by the plaintiff in the plaint on the subject-matter in dispute is not an unreasonable valuation.

(2.) A few facts in brief may be necessary. The plaintiff brought the suit on the allegation that, during his minority, defendant No. 1, who was his brother-in-law was looking after the management of the properties and that defendant No. 1 auction-purchased the properties in suit belonging to the plaintiff in 'execution of a decree obtained in a suit, which had been collusively brought by the plaintiff and the defendant, and, thereafter, the defendant sold the properties to different defendants by different Sale-deeds. The suit has been valued at Rs. 4,575, which is the total of the considerations mentioned in the several sale deeds in favour of the different defendants.

(3.) The defendants raised the question that the property was not properly valued and the real value of the property would be not in thousands but in lacs. Ample time was given to the parties, the defendants produced no evidence but the plaintiff did produce some evidence in the form of documents and, after a careful consideration of the materials placed before the Court, the" Court came to the conclusion, as already stated, that the valuation given by the plaintiff was a reasonable one ana that the court-fee paid was sufficient.