SHYAM NARAYAN KUMAR Vs. PANDIT KUMAR

JUDGEMENT

(1.) AN interesting question is raised in this appeal. This appeal is by the plaintiff who lost in both the courts below. The suit was decided by the Subordinate Judge, Sasaram. The suit was filed in the 2 YEAR 1960. The valuation of the suit was at Rs. 16,500/ -. The learned Subordinate Judge vide his judgment dated 13th September, 1973 dismissed the suit.

(2.) THE suit was filed for declaration of title, recovery of possession and partition of the plaintiff 's 1/3rd share in respect of 5.16 acres of land described in schedule of the plaint and the case of the appellant was disbelieved. The valuation of the suit being Rs. 16,500/ - the appeal against the decree of the Subordinate Judge should have been filed before this court. Unfortunately plains tiff -appellant preferred appeal before the District Judge, Rohtas. It escaped the notice of saristedar that appeal was not maintainable as the valuation was beyond the pecuniary jurisdiction of the District Judge. However, the appeal was decided on merit by the District Judge vide the judgment dated 30th April, 1981 in Title Appeal No. 4 of 1975. The learned District Judge after consideration of the evidence and record dismissed the appeal ex-parte. The learned Additional Sessions Judge in paragraph no. 9 of his judgment has observed as follows :

(3.) BOTH the courts below held against the appellant on facts. This appeal was liable to be dismissed as finding of facts can not be reviewed by this Court in second appeal.