KANHAIYALAL Vs. HIMMAT BAHADUR

JUDGEMENT

(1.) THIS is a revision application by defendants 6, 7 and 8 against an order of Additional Munsiff Jaipur holding that the suit brought against them by Himmat Bahadur, plaintiff, respondent No. 1 is not undervalued.

(2.) THE suit has been brought inter alia for possession over a portion of a house. According to the allegation made in the plaint, the house was the ancestral property of Himmat Bahadur plaintiff and his brother Prag Narayan. A portion of the house was in the possession of Himmat Bahadur. Litigation took place over this portion between the two brothers, which was decided by the award of an arbitrator. Under the award a sum of Rs. 1100/- was paid to Himmat Bahadur who relinquished possession over the portion and the property became that of Prag Narayan. A condition was, however, attached under the award that if the property were to be sold, it would be open to Himmat Bahadur to purchase the portion which was in his possession for a sum of Rs. 1100/ -. Prag Narayan's daughter Smt. Rajdulari, respondent No. 2 her sons Anand, Raju, Asutosh and daughter Rajlaxmi sold the house including the above portion in favour of the present applicants for Rs. 9,000/ -. THE present suit was brought by Himmat Bahadur for possession over the aforesaid portion of the house on payment of Rs. 1100/- on the basis of the award.